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Age of Child Support Termination by State Exceptions for Adult Children with Disabilities
State
Termination of Support
Duty to Provide Post-Majority Support for Adult Children with Disabilities

Alabama
Termination of support when child graduates from high school
No statute found addressing support for disabled children.

Alaska
Termination of support at 18, or 19 if child enrolled in high school or equivalent and residing with custodial parent
No statute found addressing support for disabled children.

Arizona
Termination of support at 18 or until child graduates from high school
Ariz. Rev. Stat. Ann. §25-320(E), “In the case of a mentally or physically
disabled child, if the court, after considering the factors set forth in subsection
D of this section, deems it appropriate, the court may order support to continue
past the age of majority and to be paid to the custodial parent, guardian or child,
even if at the date of separation, at the time of the filing of a petition or at the
time of the final decree, the child has reached the age of majority.”

Arkansas
Termination of support at 18 or when child graduates from high school
Ark. Code Ann. §9-12-312(a)(5)(B), “The court may also provide for the
continuation of support for an individual with a disability which affects the
ability of the individual to live independently from the custodial parent.”

California
Termination of support at 18, or if child is in high school, then until child graduates from high school or turns 19, whichever is first
Cal. Fam. Code §3910, “The father and mother have an equal responsibility
to maintain, to the extent of their ability, a child of whatever age who is
incapacitated from earning a living and without sufficient means.”

Colorado
Termination of support at 19 or judicial termination
Colo. Rev. Stat. §14-10-115(1.5)(a)(2), “If the child is mentally or physically
disabled, the court or the delegate child support enforcement unit may order
child support, including payments for medical expenses or insurance or both,
to continue beyond the age of nineteen.”

Connecticut
Termination of support at 18
Conn. Gen. Stat. §46b-84(c), “The court may make appropriate orders of support
of any child with mental retardation… or a mental disability or physical disability…
who resides with a parent and is principally dependent upon such parent for
maintenance until such child attains the age of twenty- one. The child support
guidelines … shall not apply to orders entered under this subsection. The provisions
of this subsection shall apply only in cases where the decree of dissolution of
marriage, legal separation or annulment is entered on or after October 1, 1997...”

Delaware
Termination of support at 18; if child still in high school, support terminates at age 19 or graduation, whichever is first
No statute found addressing support for disabled children.

D.C.
Termination of support at 21 or emancipation
No statute found addressing support for disabled children.

Florida
Termination of support at 18, or at 19 if child will graduate from high school by that age
Fla. Stat. §743.07(2), “This section shall not prohibit any court of competent
jurisdiction from requiring support for a dependent person beyond the age of
18 years when such dependency is because of a mental or physical incapacity
which began prior to such person reaching majority…”

Georgia
Termination of support at 18, or to 20 if child still in secondary school
Ga. Code §19-7-2, “It is the joint and several duty of each parent to provide
for the maintenance, protection, and education of his or her child until the
child reaches the age of majority, … except to the extent that the duty of the
parents is otherwise or further defined by court order.”

Guam

19 Guam Code §4105.1, “Payments for disabled children and for education.
If a child residing on Guam is disabled before the age of eighteen (18), the court
may, at any time before the child reaches the age of twenty-one (21) years, find
that both parents (or the surviving parent if one is deceased) have a mutual obligation
to support the child beyond the age of majority, and based upon such findings, order
either or both of the parents to pay continuing child support for the benefit of such child
directly to the child or his guardian, as is appropriate. Such support may be modified in
the same manner as child support may be terminated if no longer needed, shall continue
for as long as the child is disabled and requires support, and shall be treated as child
support for purposes of this Title…”

Hawaii
Termination of support at 18, but may be extended to 23 if child enrolled in accredited higher educational institution
Haw. Rev. Stat. §580-47(a), “…Provision may be made … for the support, maintenance,
and education of an incompetent adult child whether or not the petition is made before
or after the child has attained the age of majority.”

Idaho
Termination of support at 18, or to 19 by court order if child enrolled in formal education
No statute found addressing support for disabled children.

Illinois
Termination of support at 18
750 ILCS 5/513(a)(1), “when the child is mentally or physically disabled and not otherwise emancipated, an application for support may be made before or after the child has attained
majority.”

Indiana
Termination of support at 21 or emancipation
Ind. Code §31-16-6-6(a)(2), “The duty to support a child under this chapter ceases when
the child becomes twenty-one (21) years of age unless any of the following conditions
occurs: The child is incapacitated. In this case the child support continues during the
incapacity or until further order of the court.”

Iowa
Termination at 18 or as ordered by the court
Iowa Code §252A.3(3), “The parents are severally liable for the support of a dependent
child eighteen years of age or older, whenever such child is unable to maintain the child's
self and is likely to become a public charge.”

Kansas
Termination of support at 18, and automatically extended to end of school year in which child turns 18; may be extended to 19 on agreement of parents
No statute found addressing support for disabled children.

Kentucky
Termination of support at 18, or 19 if child still attending high school
Ky. Rev. Stat. §405.020(2), “The father and mother shall have the joint custody, care
and support of their children who have reached the age of eighteen (18) and who are
wholly dependent because of permanent physical or mental disability…”

Louisiana
Termination of support at 18 or emancipation; if child is still in high school, until 19 or graduation, whichever is first
La. Civ. Code Ann. Art. 230, “By alimony we understand what is necessary for the
nourishment, lodging, and support of the person who claims it…It includes the
education, when the person to whom the alimony is due has not attained the age of
twenty-two and has a developmental disability as defined in R.S. 28:381.”

Maine
Termination of support at 18; if child is still in high school, until 19
No statute found addressing support for disabled children.

Maryland
Termination of support at 18
No statute found addressing support for disabled children.

Massachusetts
Termination of support at 18, or to 21 if child is domiciled with parent, or age 23 if enrolled in an education program
No statute found addressing support for disabled children.

Michigan
Termination of support at 18, but may be ordered until 19 1/2 for completion of high school or beyond by agreement
No statute found addressing support for disabled children.

Minnesota
Termination of support at 18 or at 20 if child is attending secondary school
Minn. Stat. §518.54(2), “’Child’ means an individual under 18 years of age, an
individual under age 20 who is still attending secondary school, or an individual
who, by reason of physical or mental condition, is incapable of self-support.”

Mississippi
Termination of support at 21
No statute found addressing support for disabled children.

Missouri
Termination of support at 18; or upon graduation from high school or age 21, whichever occurs first; if child enrolled in vocational school or college, to 22
Mo. Ann. Stat. §452.340(4), “If the child is physically or mentally incapacitated
from supporting himself and insolvent and unmarried, the court may extend
the parental support obligation past the child's eighteenth birthday.”

Montana
Termination of support at 18 or emancipation; or to 19 if enrolled in high school
No statute found addressing support for disabled children.

Nebraska
Termination of support at 19
No statute found addressing support for disabled children.

Nevada
Termination of support at 18 or at 19 if still in high school
Nev. Rev. Stat. §125B.200(2)(c), ““Minor child” means a person who is…Under a legal disability…”

New Hampshire
Termination of support at 18, or graduation from high school, whichever is later
N.H. Rev. Stat. §458:35-c, “…If the order involves a disabled child, the court shall
specify the duration of the order, which may be beyond the time when the child
reaches the age of 18.”

New Jersey
Termination of support at age of majority or as determined by court
No statute found addressing support for disabled children.

New Mexico
Termination of support at 18, or emancipation
N.M. Stat. §40-4-7(C), “ The court may order and enforce the payment of support
for the maintenance and education after high school of emancipated children of the
marriage pursuant to a written agreement between the parties.”

New York
Termination of support at 21 or emancipation as determined by court
No statute found addressing support for disabled children.

North Carolina
Termination of support at 18, or through secondary school or age 20, whichever comes first
N.C. Gen. Stat. §50-13.8, “For the purposes of custody, the rights of a person who is mentally or physically incapable of self-support upon reaching his majority shall be the same as a minor child for so long as he remains mentally or physically incapableof self-support.”

North Dakota
Termination of support at 18, but if child is enrolled in high school, support continues to 19 or graduation
N.D. Cent. Code §14-09-08.2(6), “This section does not preclude the entry of an order for child support which continues after the child reaches age eighteen, if the parties agree, or if the court determines the support to be appropriate.”

Ohio
Termination of support at 18 or graduation from high school, whichever occurs later
No statute addressing support for disabled children.

Oklahoma
Termination of support at 18, or until child completes high school
43 Okla. St. Ann. §112.1A, “…Adult child means a child eighteen years of age or older…
B.1. The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:
a. the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support, and
b. the disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of the child….

Oregon
Termination of support at 18, or 21 if in school half-time or more
No statute found addressing support for disabled children.

Pennsylvania
Termination of support at 18 or completion of high school, whichever is later
23 Pa. Cons. Stat. §4321(3), “Parents may be liable for the support of their children who are 18 years of age or older.”

Rhode Island
Termination of support at 18
No statute found addressing support for disabled children.

South Carolina
Termination of support at 18, or until graduation from high school
S.C. Code §20-7-420(17), “The family court shall have exclusive jurisdiction…To make all orders for support run until further order of the court, except that orders for child support Run until the child is eighteen years of age or until the child is married or becomes self-supporting…and in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant the continuation of child support beyond age eighteen for as long as the physical or mental
disabilities or exceptional circumstances continue.”

South Dakota
Termination of support at 18, or 19 if attending secondary school
No statute found addressing support for disabled children.

Tennessee
Termination of support at 18, unless child is still in high school, in which case support terminates on graduation
Tenn. Code §36-5-101(p)(1) and (2), “(1) Except as provided in subdivision (p)(2), the court may continue child support beyond a child’s minority for the benefit of a child who is handicapped or disabled, as defined by the Americans with Disabilities Act, until such child reaches twenty-one (21) years of age. (2) Provided, that such age limitation shall not apply if such child is severely disabled and living under the care and supervision of a parent and the court determines that it is in the child's best
interest to remain under such care and supervision and the obligor is financially able to continue to pay child support. In such cases, the court may require the obligor to continue to pay child support for such period as it deems in the best interest of the child.”

Texas
Termination of support at 18 or graduation from high school, whichever is later
Tex. Fam. Code §154.302,” (a) The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:

(1) the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and

(2) the disability exists, or the cause of the disability is known to exist, on or before the 18th birthday of the child.

(b) A court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child. The court may designate a child who is 18 years of age or older to receive the support directly.”

Utah
Termination of support at 18 or when child graduates from high school
Utah Code §78-45-2(6)(c), “’Child’ means…a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means.”

Vermont
Termination of support at 18 or graduation from secondary school
No statute found addressing support for disabled children.

Virginia
Termination of support at 18; unless child is in high school, in which case support terminates at 19 or graduation, whichever comes first
Va. Code §16.1-278.15, “…The court may also order the continuation of support for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, (b) unable to live independently and support himself, and (c) resides in the home of the parent seeking or receiving child support.”

Washington
Termination of support at 18; court may order post-secondary support
No statute found addressing support for disabled children.

West Virginia
Termination of support at 18, or up to 20 if enrolled in secondary school
Statutory references indicate that case law allows for child support to be ordered for adult children with disabilities (see W.Va. Code §48-11-103).

Wisconsin
Termination of support at 18, or if still in school, at graduation from high school or age 19, whichever is sooner
No statute found addressing support for disabled children.

Wyoming
Termination of support at 18 or to 20 for secondary education
Wyo. Stat. §14-2-204(a)(i), “Any person legally responsible for the support of a child who abandons, deserts, neglects or unjustifiably fails to support the child is liable for support of the child. It is no defense that the child was not or is not in destitute circumstances. For purposes of this section, a parent's legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are: Mentally or physically disabled and thereby incapable of self support…”


Sources: Morgan, Laura W., “The Duty to Support Adult Disabled Children,” from supportguidelines.com, 2000; and NCSL research.



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