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19-Year-Old Not Entitled to Further Child Support Because He Can Hold a Job
An appeals court in Pennsylvania recently determined that a 19-year-old who suffers from attention-deficit hyperactivity disorder, oppositional defiant disorder, chronic depression and autism is not entitled to additional child support from his father because he could not prove that he was incapable of holding an appropriate job. The case illustrates the difficult hurdles placed in the way of young adults with disabilities who may have a hard time working and require some support from absent parents.
Dustin Shaub received child support from his father from the time of his parents' separation in 1999 until 2005. At that point, Dustin turned 18, the age at which child support typically ends. Under Pennsylvania law, an adult child with disabilities can request additional payments past this date if he can provide evidence that the payments are still necessary due to his special needs. Dustin received notice from a trial court that support payments would end unless he or his mother notified the court of any basis for continuing support. Dustin and his mother did not reply to the notice, and the court terminated the child support order.
In 2006, Dustin's mother went to court to get the child support back, alleging that Dustin was incapable of holding a job due to his disability and that under Pennsylvania law his father had a duty to continue supporting him. At a hearing, Dustin's vocational evaluator testified that Dustin could hold a job provided that it did not require him to multi-task or take initiative. Dustin had, in fact, worked successfully as a dishwasher at Pizza Hut but was unable to work at a Dollar Store because he lost concentration and wandered around the store. His vocational advisor recommended that Dustin work as a kitchen worker or on a janitorial staff, finding that he could handle a variety of tasks if he worked slowly.
The lower court and then the appeals court both agreed that Dustin was not entitled to further child support from his father. The courts found that Dustin had not shown that he was unable to hold a job and provide for his own support since becoming an adult. Dustin must now find and hold a job capable of paying for his needs, with no requirement that his father contribute to his ongoing care.
Because Dustin was diagnosed with multiple illnesses prior to his parents' divorce, one option his mother could have pursued was the establishment and funding of a special needs trust as part of the divorce settlement. This trust could have been funded with a lump-sum payment from Dustin's father (in exchange for a reduction in child support payments at the time), and the funds held in the trust could have been used for Dustin's needs far past his 18th birthday.
Without knowing the specifics of the divorce settlement, it is impossible to determine if this option would have helped in Dustin's case, but it is something to keep in mind if you or a parent you know is going through a divorce and is concerned about a child's future support.
If this is the case, you should discuss your options with a qualified special needs planner. To get started finding an attorney near you, click here.
To read the appeals court'™s opinion in Dustin's case, Style v. Shaub (Pa. Super. Ct., No. 1250 MDA 2007, Aug. 11, 2008), click here.
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19-Year-Old Not Entitled to Further Child Support Because He Can Hold a Job
An appeals court in Pennsylvania recently determined that a 19-year-old who suffers from attention-deficit hyperactivity disorder, oppositional defiant disorder, chronic depression and autism is not entitled to additional child support from his father because he could not prove that he was incapable of holding an appropriate job. The case illustrates the difficult hurdles placed in the way of young adults with disabilities who may have a hard time working and require some support from absent parents.
Dustin Shaub received child support from his father from the time of his parents' separation in 1999 until 2005. At that point, Dustin turned 18, the age at which child support typically ends. Under Pennsylvania law, an adult child with disabilities can request additional payments past this date if he can provide evidence that the payments are still necessary due to his special needs. Dustin received notice from a trial court that support payments would end unless he or his mother notified the court of any basis for continuing support. Dustin and his mother did not reply to the notice, and the court terminated the child support order.
In 2006, Dustin's mother went to court to get the child support back, alleging that Dustin was incapable of holding a job due to his disability and that under Pennsylvania law his father had a duty to continue supporting him. At a hearing, Dustin's vocational evaluator testified that Dustin could hold a job provided that it did not require him to multi-task or take initiative. Dustin had, in fact, worked successfully as a dishwasher at Pizza Hut but was unable to work at a Dollar Store because he lost concentration and wandered around the store. His vocational advisor recommended that Dustin work as a kitchen worker or on a janitorial staff, finding that he could handle a variety of tasks if he worked slowly.
The lower court and then the appeals court both agreed that Dustin was not entitled to further child support from his father. The courts found that Dustin had not shown that he was unable to hold a job and provide for his own support since becoming an adult. Dustin must now find and hold a job capable of paying for his needs, with no requirement that his father contribute to his ongoing care.
Because Dustin was diagnosed with multiple illnesses prior to his parents' divorce, one option his mother could have pursued was the establishment and funding of a special needs trust as part of the divorce settlement. This trust could have been funded with a lump-sum payment from Dustin's father (in exchange for a reduction in child support payments at the time), and the funds held in the trust could have been used for Dustin's needs far past his 18th birthday.
Without knowing the specifics of the divorce settlement, it is impossible to determine if this option would have helped in Dustin's case, but it is something to keep in mind if you or a parent you know is going through a divorce and is concerned about a child's future support.
If this is the case, you should discuss your options with a qualified special needs planner. To get started finding an attorney near you, click here.
To read the appeals court'™s opinion in Dustin's case, Style v. Shaub (Pa. Super. Ct., No. 1250 MDA 2007, Aug. 11, 2008), click here.
19-Year-Old Not Entitled to Further Child Support Because He Can Hold a Job
<p>An appeals court in Pennsylvania recently determined that a 19-year-old who suffers from attention-deficit hyperactivity disorder, oppositional defiant disorder, chronic depression and autism is not entitled to additional child support from his father because he could not prove that he was incapable of holding an appropriate job. The case illustrates the difficult hurdles placed in the way of young adults with disabilities who may have a hard time working and require some support from absent parents.
<p>Dustin Shaub received child support from his father from the time of his parents' separation in 1999 until 2005. At that point, Dustin turned 18, the age at which child support typically ends. Under Pennsylvania law, an adult child with disabilities can request additional payments past this date if he can provide evidence that the payments are still necessary due to his special needs. Dustin received notice from a trial court that support payments would end unless he or his mother notified the court of any basis for continuing support. Dustin and his mother did not reply to the notice, and the court terminated the child support order.
<p>In 2006, Dustin's mother went to court to get the child support back, alleging that Dustin was incapable of holding a job due to his disability and that under Pennsylvania law his father had a duty to continue supporting him. At a hearing, Dustin's vocational evaluator testified that Dustin could hold a job provided that it did not require him to multi-task or take initiative. Dustin had, in fact, worked successfully as a dishwasher at Pizza Hut but was unable to work at a Dollar Store because he lost concentration and wandered around the store. His vocational advisor recommended that Dustin work as a kitchen worker or on a janitorial staff, finding that he could handle a variety of tasks if he worked slowly.
<p>The lower court and then the appeals court both agreed that Dustin was not entitled to further child support from his father. The courts found that Dustin had not shown that he was unable to hold a job and provide for his own support since becoming an adult. Dustin must now find and hold a job capable of paying for his needs, with no requirement that his father contribute to his ongoing care.
<p> Because Dustin was diagnosed with multiple illnesses prior to his parents' divorce, one option his mother could have pursued was the establishment and funding of a special needs trust as part of the divorce settlement. This trust could have been funded with a lump-sum payment from Dustin's father (in exchange for a reduction in child support payments at the time), and the funds held in the trust could have been used for Dustin's needs far past his 18th birthday.
<p>Without knowing the specifics of the divorce settlement, it is impossible to determine if this option would have helped in Dustin's case, but it is something to keep in mind if you or a parent you know is going through a divorce and is concerned about a child's future support.
If this is the case, you should discuss your options with a qualified special needs planner. To get started finding an attorney near you, <a href="https://www.specialneedsanswers.com/professionals/">click here</a>.
<p>To read the appeals court'™s opinion in Dustin's case, <i>Style v. Shaub</i> (Pa. Super. Ct., No. 1250 MDA 2007, Aug. 11, 2008), <a target=_blank href= "https://www.courts.state.pa.us/OpPosting/Superior/out/a06023_08.pdf">click here</a>.
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