No Loopholes: Court Upholds Parents’ Responsibility to Provide for Incapacitated Adult Children – The Reape-Rickett Law Firm

In California, each parent is responsible for the financial support of their children as outlined in Family Code § 3910. The Court generally orders child support until the children turn 18 or after completion of high school. However, for families with a child that is disabled or otherwise incapacitated, the ability to request child support can extend into adulthood. In some situations, an adult child who is incapacitated can also qualify for government aid raising the question, can child support still be ordered?
In re Marriage of Cady & Gamick (2024), the parties had an adult disabled child who received government aid. In the trial court, Father successfully argued that he should not be legally obligated to financially support his adult child when the dependent child applied for or received government aid. He relied on the Welfare and Institutions Code (W&IC) §12350, which provides: “[n]o relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of [such] aid.”
However, the Court of Appeal reversed the trial court because it failed to adequately address the Legislative intent behind the Welfare and Institutions Code and the Family Code. The WI&C governs relationship between the government and families; the Family Code governs the relationship between family members themselves. The Court writes, “The Legislature intended [WI&C §12350] to prevent government actors from seeking contribution from relatives to defray the costs of such aid, it does not bar a parent from seeking a court order requiring the other parent to contribute to the support of an adult disabled child under [FC §3910].”
In short, the government cannot ask a relative for contribution or reimbursement for government benefits, but the duty for parents, to the extent they are able, to support their incapacitated adult children remains intact.
Issues regarding child support can be overwhelming, and it is essential to have the right information to help you move forward. Contact The Reape-Rickett Law Firm at (888) 846-6166 or visit DivorceDigest.com to speak with an experienced child support attorney in Santa Clarita to protect you through the process.