My friend's disabled daughter is 30, works, and gets state aid and he is still required to pay child support. She still lives with her mom and does have the mental capabilities to tend to herself. She even has a boyfriend that wants to marry her, but mother says no because she would lose the finacial help. How can he get free of this? He lost his job and they are taking him to court. He is $1,800 behind and sinking.
By Sharon E
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This is a complicated matter and there are no quick answers. Most states differ in child support requirements, however, most also require that child support continue for the life of an adult who is disabled and not able to support themselves without child support.
You friend may consider an attorney to clarify his legal responsibilities, however, this may be difficult financially. He can also consider seeking answers at the local legal aid society for assistance:
www.legal-aid.org/
Find another job, or as Judge Judy tells a lot of men get out there and pick up cans to sell to earn some money. He can also petition for a child support modification. I would be willing to bet his 30 year old child isn't earning very much. No matter what she is still his daughter and he helped create her.
It appears that your friend has waited too long to really get the kind of help you are talking about.
One question - Does his daughter receive SSI benefits?
You can Google "free legal assistance Florida" (your state of course as no one knows where you live).
There is usually a "search" site on the state site that you can enter "child support" and from there he may be able to contact someone to go to court with him.
Support payments will not "go away" so your friend should make the best of it and find a way to pay something every week/month as a judge will generally always look more favorably on a case where someone appears to be trying to do the right thing rather than just letting everything slide.
Without an attorney to represent him in court - he may be facing a jail term as many states now adopt this approach.
Other issues-from your description, the daughter does work so may or may not receive any SSD, SSI or other benefits. She wants to marry, however, her mother said she would lose "financial help" if she did:
Re Child Support:
I agree with the previous answers-your friend, the father, has a financial responsibility to provide child support to the child for life, if the child is not able to adequately support herself.
Also-the mother raised the child with what resources she had and if the father did not pay child support, for whatever reason, she had a much more difficult time.
The father may be able to request help from the local Legal Aid. At least he will be able to speak with an attorney to learn what options he has. He may be able to obtain reduced payments for a period, however, the child support must continue unless he can prove the daughter can work and reasonably support heself without child support.
Re past due child support-Most states will not change the current child support order and your friend must pay whatever he owes in arrears eventually.
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