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    krklnpop2's Avatar
    krklnpop2 Posts: 1, Reputation: 1
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    #1

    Mar 7, 2008, 09:25 AM
    Should my 21yr old disabled son get child support?
    My 21yr old son is parapalegic. He is very unstable and unresponsible. He has the mantality of a 14 yr old. He did not graduate high school, his dropped out in 9th grade at age 16. He lived with me from 1998-2005. I never asked for any supprt from my ex-spouse. We have 3 children, I have the 2 boys with me. She has our daughter, age 16, with her. In 2002 my ex took me to court for back child support because in the divorce she was given custody of all the children. When I moved from FL to NY in 1998, I took both boys with me. My oldest son is the hadicapped one, my other son is a year younger (20). On my oldest sons 18th birthday, he decided that he was going to move out and live with friends, so my ex wife took me to court. To make a long story short, The judge cleared all back child support that she was suing me for and declined everything that she asked for. But it was stated that I pay $25.00 a month for my daughters medical insurance. Which I was glad to do. The court also stated that once my youngest son graduated from high school, we were to recalculate or agree upon a child support amount. Since my sons graduation, I have paid $75.00 a week to my daughter. Last week, my oldest son, who is disabled, was evicted from his apartment with no place to go. We told him that we have no room in our home right now to help him. We have 9 people in our home right now. He called his mother in Florida to go live down there and she said no way. So now, I have him living in our home with the other 9 people. I want to know if I can collect any support from her? I would like to use this money to build an addition on our home for him. My house is not handicap accesable at all. We bought this house after he had moved out. He does receive $740.00 in social security a month, but should I be entitled to child support, or at least stop paying the support for my daughter and call it even? That money could do a lot for him.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 7, 2008, 10:56 AM
    Quote Originally Posted by krklnpop2
    My 21yr old son is parapalegic. He is very unstable and unresponsible. He has the mantality of a 14 yr old. He did not graduate high school, his dropped out in 9th grade at age 16. He lived with me from 1998-2005. I never asked for any supprt from my ex-spouse. We have 3 children, I have the 2 boys with me. She has our daughter, age 16, with her. In 2002 my ex took me to court for back child support because in the divorce she was given custody of all the children. When I moved from FL to NY in 1998, I took both boys with me. My oldest son is the hadicapped one, my other son is a year younger (20). On my oldest sons 18th birthday, he decided that he was going to move out and live with friends, so my ex wife took me to court. To make a long story short, The judge cleared all back child support that she was suing me for and declined everything that she asked for. But it was stated that I pay $25.00 a month for my daughters medical insurance. Which I was glad to do. The court also stated that once my youngest son graduated from high school, we were to recalculate or agree upon a child support amount. Since my sons graduation, I have paid $75.00 a week to my daughter. Last week, my oldest son, who is disabled, was evicted from his apartment with no place to go. We told him that we have no room in our home right now to help him. We have 9 people in our home right now. He called his mother in Florida to go live down there and she said no way. So now, I have him living in our home with the other 9 people. I want to know if I can collect any support from her? I would like to use this money to build an addition on our home for him. My house is not handicap accesable at all. We bought this house after he had moved out. He does receive $740.00 in social security a month, but should I be entitled to child support, or at least stop paying the support for my daughter and call it even? That money could do a lot for him.

    The only way to know for sure is to go to Court and request support - they will take all these circumstances into consideration.

    Your son's support and your daughter's support are different issues and you can't take from one and give to the other.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Mar 7, 2008, 04:47 PM
    Many time when there is a disabled child involved the courts will extend support but in this case you really need to see a judge over it because in theory he is / has been emancipated. He is receiving support ( the SSI ) and he has lived away from home. Now if necessity dictates that your son receive full time care then it might change.

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