Q: What are the Alabama laws on support of a disabled child over age 19
A: Alabama case law provides that child support can be continued if the child is found to have a permanent or ongoing disability. Child support is generally calculated the same as it is for minor children but many parents choose to utilize a Special Needs Trust to insure that the money does not count against the now adult when it comes to government benefits and claw back provisions associated with Medicare. It is also important to note that while child support may still be awarded/continued in the family or divorce court, custody and "guardianship" or "executorship" must still be addressed in the Probate Court. If you have a special needs child with a continuing disability who is approaching the age of majority you should consult an attorney with knowledge is this complex area of law where family/divorce, probate and Trust law all intersect.
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