Child support for adults with disabilities in Texas can involve more than just one parent. The Texas Family Code allows the court to order you, your child’s other parent, or both of you to provide support if your adult child cannot care for themselves due to a disability or impairment. This aspect of family law ensures that financial support continues even when a child reaches adulthood but remains unable to live independently.
No matter who is responsible for paying the support, a judge would look to these factors when determining how much a child support award should be for a child over 18. First, what needs does your child have both now and in the future? These needs would have to be directly related to the child’s disability. What sort of care does your child need? Is the disability significant enough to demand around-the-clock supervision? What are the chances that the disability could improve to the point of no longer needing outside care? These are the considerations that a judge would need to pay for your child’s current and future needs.
Who pays for care and supervision of your adult child?
Next, do you or your ex-spouse pay for or will pay for care or supervision of your adult child? The other side of the coin would be whether or not one of you provides direct care for your child yourself. Either way, the costs will be different. Paying for an outside person to come in and care for your child allows you to go out into the world and earn an income. On the other hand, hiring someone to care for your child is more expensive both short-term and long-term. This may require a different level of support to be provided.
Financial resources of yourself and your ex-spouse will be examined as well. If you are the primary caretaker of your adult child but are wealthy or otherwise financially secure, likely, you do not need as much in the way of child support as a person without a high income would. Likewise, suppose you live in an area where social programs are available that assist in caring for your child is available. In that situation, this factor will influence the determination of the child support amount.
What support may be available through your local, state, and federal governments for your child?
Healthcare costs go up steadily each year, it seems. As part of this process, caring for a child with a disability can become increasingly expensive. If either parent is on a fixed or limited income, stretching your dollars to cover rising costs becomes challenging. How can you support your child’s well-being effectively when resources are so constrained?
One way is to eligible to receive government benefits associated with health care. Our federal and state governments commit billions of dollars each year to helping lower-income people receive health care when they cannot provide it for themselves. If you lack economic resources sufficient to pay for health insurance on your own, government programs like Medicaid exist to help you afford coverage for health insurance.
Medicaid and SSI: Texas policies and federal programs explained
The State of Texas and the federal government share oversight and management of Medicaid. Texas runs its own Medicaid system but aligns with national standards and regulations. If you moved to Texas from another state, you might have found that you were no longer eligible for Medicaid. This is because each state in the country has different requirements for eligibility when it comes to Medicaid.
Additionally, the Social Security Administration offers a program known as Supplemental Security Income (SSI) that guarantees a minimum income for persons with disabilities as long as they meet the definition of disabled that the SSA has come up with. SSI is not intended to be a lifelong wealth-building tool. It is more or less the lowest amount of money that a person could use to provide for their daily needs.
Financial limitations and benefits of SSI and Medicaid in Texas
There are also significant financial limitations to this program that cause many applicants to become ineligible. If you have additional income, it will reduce the amount of SSI you receive. This means that even if you receive no money from family members, but are living rent-free in-home provided by a relative, this will also count against the amount of money you would stand to receive from the government for SSI benefits.
SSI recipients in Texas are also immediately eligible to receive Medicaid coverage. Suppose your adult disabled child needs to go to the hospital frequently or see a specialist for impairment. In that case, Medicaid can be of great assistance to you and your family since Medicaid essentially covers these costs. Medicaid coverage and SSI can help offset costs for nursing home care, prescription medicines, and other health expenses for your adult disabled child.
Who is eligible to receive SSI benefits?
It is a relatively narrow group of people that are eligible to receive SSI benefits. First, you must be a person who is over the age of 65, blind or disabled. As previously discussed, eligibility for SSI benefits will be determined based on income and asset limits. Let’s go over the income limits that the Social Security Administration would view before going further.
If a person earns more than $700 per month in income ($1,200) for two persons, they would not be eligible for SSI benefits. Your income, or your child’s income, will be subtracted from the $700 maximum benefit to determine the monthly amount you will receive.
For many, the most appealing aspect of SSI isn’t the monthly benefits but the access to Medicaid. If you can’t afford insurance for yourself or your adult disabled child, SSI and Medicaid can provide crucial support. Eligibility for SSI involves more than just job income; it includes evaluating the value of investments, real estate, and pension plans. Your total resources must be under $2,000 to qualify for SSI benefits.
However, your home, the land it’s on, household items, and a vehicle are not considered in this evaluation. SSI provides monthly payments and acts as a partial substitute for job income. The key benefit of SSI eligibility is often the access to Medicaid, which helps cover significant health care expenses.
Does the receipt of child support payments impact eligibility to receive SSI?
You need to be aware that if you are going through a divorce, there are potentially significant financial impacts that could be upcoming for you and your adult disabled child. This is especially true if you or your child are receiving the type of government health insurance benefits that we have spent a great deal of time discussing today. You need to be aware of the consequences of divorce on eligibility status in these essential governmental programs.
Before you and your spouse finalize any division of property agreements in conjunction with your divorce, you need to consider the impact on your and your child’s current and future eligibility to receive SSI and Medicaid benefits. For example, if you sell a property and deposit the cash into your savings account, it could impact your eligibility for benefits. Previously, you might have been eligible, but receiving a retirement account could alter that.
Dividing up and transferring retirement plans in a Texas divorce
Be aware that a divorce can affect the government benefits you and your disabled child receive. Additionally, you may be in line to pay a significant amount of money in taxes when you legally become the owner of those retirement plans through a Qualified Domestic Relations Order (QDRO). You should consult with your divorce attorney on whether or not a Special Needs Trust would need to house the funds from one of these retirement accounts so that the funds do not count against your eligibility for one of these critical programs.
Child support payments for an adult disabled child can either continue officially after the child reaches adulthood or be made informally by your ex-spouse to you. Child support payments can reduce or eliminate your child’s ability to receive SSI, however. This means that Medicaid coverage could be lost, along with the ability to access the regular care your child needs.
Even if you receive monthly child support for your adult disabled child, you might face frustration knowing that you could lose other essential benefits. These benefits are crucial for providing the care your child needs to live a fulfilling life. Be sure to talk to your attorney about these types of issues before agreeing to anything in mediation.
How does child support payments for a disabled child impact current and future eligibility for SSI/Medicaid?
Any child support payments that you receive from your ex-spouse that go towards the support of your child will not be counted as income for you. Child support payments within the context of SSI count as income for your child and will continue to do so as long as you and your child live in the same home. This income is unearned.
If your ex-spouse makes child support payments directly to you or your disabled child under the age of 18, 1/3 of that money is excluded as income that is countable for SSI purposes. Let’s throw out an example here to illustrate better this point that I am trying to make.
Suppose that your ex-husband pays child support which totals $200 per month to you for your 11-year-old daughter. The first 1/3 of this support payment would not count as earned income. Also, another $20 per month would be removed from deserved income consideration. So, the final tally would be $147.66 would be counted as unearned income. That number would be subtracted from the maximum amount of monthly SSI benefits to determine how much you could receive in SSI benefits. That amount plus the $200 would be your monthly take-in as far as income is concerned. For a child over the age of 18, all of the child support minus $20 would go as a reduction against SSI.
Conclusion
In conclusion, understanding child support for adults with disabilities is crucial for ensuring that financial support continues even after a child reaches adulthood. The Texas Family Code allows for both parents, or either one individually, to be ordered to provide support if their adult child cannot care for themselves due to a disability or impairment. By recognizing these provisions, you can better navigate the complexities of family law and ensure that your adult child’s needs are met, fostering a sense of security and stability despite their challenges.
Tomorrow’s blog post will detail more on the ins and outs of child support payments for a disabled child.
I hope that this information has been helpful to you and your family. Much of it is challenging to follow and sort of tedious in how many government programs can be. However, you must be aware of your rights and what you stand to receive (and lose) in a divorce case.
If you have any questions about the material that we covered today, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week here in our office. These consultations are an excellent opportunity to learn more about the law, your case and to receive direct feedback about your particular circumstances from one of our attorneys.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
