Goleta, CA asked in Family Law for California

Q: Re CA FL 3910-Unlike the Drake case, my adult son lives with me full-time. Can I have support payments made to me?

My adult old son is incapacitated from earning a living, and without sufficient means. His disabilities pre-dated his age of majority and are well documented. Unlike the Drake case, my son has always lived with me full-time. Can I expect that CA FL 3910 support payments are made to me? Is there a way to obtain support for the years during which my son was an adult and I did not know about CA FL 3910, but have been the sole support for my son, non-stop?

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1 Lawyer Answer
Shawna Murray
Shawna Murray
  • Irvine, CA
  • Licensed in California

A: The success of obtaining a court order for support of an incapacitated adult child will be determined your evidence. When seeking a support order, one must present evidence of the child’s inability “to be self-supporting because of a mental or physical disability or…inability to find work because of factors beyond the child’s control.” I highly recommend that you seek consultation with a local family law attorney who can review your evidence and represent you in court. If full representation is not affordable, it would be wise to at least seek a consultation or "coaching session" to have an attorney explain to you how best represent yourself and get your "well-documented" evidence admitted into evidence for the judge to consider.

When you file a Request for Order and if it is eventually granted, the support payments only date back to the date your Request for Order was filed. Best of luck!

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