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Should my ex-spouse still be obligated to pay child support if my child is mentally handicapped and 18 years old?

In the majority of states, your ex-spouse is still liable for child support, even though your child is now over eighteen. Parents have a duty to support a child, which continues into adulthood, if the child cannot support him or herself because of some mental or physical disability and if the disability was in existence at the time the child became an adult.

On the other hand, parents do not have to support a disabled adult child if they do not have the financial ability to do so. In some states, the disabled adult child would have to be very poor (indigent) before the poverty stricken parents are required to support him or her. There are many state funded programs that may provide support for this type of situation.