In Arizona, the family law court has the authority to award child support to an adult child. Usually child support ends when a child turns 18 years old, unless they are still in high school in which case support continues until the child graduates high school, but only until the child reaches the age of 19. However, pursuant to Arizona Revised Statutes section 25-320(E), the court can award child support to a child over the age of majority.
A.R.S. 25-320 states:
“E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:
- The court has considered the factors prescribed in subsection D of this section.
- The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting.
- The child's disability began before the child reached the age of majority.”
Thus, in order for the Court to award child support to an adult child, the child must have a disability which makes the child unable to live independently or be self-supporting. Additionally, the disability must have began while the child was still a minor.
In Gersten v. Gersten, the Arizona family court recognized the ability of the Court to award support to a parent that is providing support to the disabled adult child. Gersten stated that the current statute regarding child support for an adult child superseded prior case law which required an order for custody or guardianship of the disabled adult child before support could be ordered.
If a case is brought for child support for an adult child, the court may require that the adult child be joined in the action if the disabled child does not have a legal custodian or guardian as any ruling for child support would affect the child’s best interests. Additionally the Court may determine that the support should be paid directly to the disabled adult child or to the parent caring for the child.
If you have any questions regarding child support, please contact Nirenstein Garnice Soderquist, PLC - Arizona Divorce & Family Law Firm.
This article was written by Leslie A. Satterlee, Esq., an attorney at Nirenstein Garnice Soderquist PLC. Ms. Satterlee's practice focuses on Arizona divorce and family law.
