Should I support my adult son with a disability?

Q: Can a parent be required to support an adult child who has a disability?

Yes, in California, parents can be legally required to support an adult child with a disability if the child cannot earn a living. California Family Code § 3910 mandates that parents provide support to their incapacitated child to the best of their ability, especially if the child lacks sufficient means to support themselves.

Full question:

I am a daily wage earner, should I support my mentally retarded son who is 20 years old?

Category: Minors
Subcategory: Support
Date: 04/07/2025
State: California

Answer:

Yes, in California, both parents are equally responsible for supporting an adult child who cannot earn a living. According to California Family Code § 3910, parents must maintain their incapacitated child to the best of their ability if the child lacks sufficient means.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much does mental health disability pay per month?

The monthly payment for mental health disability varies based on several factors, including the individual's work history and the severity of the disability. In general, Social Security Disability Insurance (SSDI) benefits average around $1,200 per month, while Supplemental Security Income (SSI) provides a maximum of $914 per month for individuals. These amounts can change annually based on cost-of-living adjustments. Always check with the Social Security Administration for the most current figures.

Can a parent be required to support an adult child who has a disability?

What is the average disability payment for mental illness?

The average disability payment for mental illness through Social Security Disability Insurance (SSDI) is approximately $1,200 per month. For those qualifying for Supplemental Security Income (SSI), the payment can be up to $914 per month. These payments are subject to annual adjustments and depend on the individual's work history and financial need.

What is the 5 year rule for disability?

The '5-year rule' generally refers to the requirement that individuals must have worked and paid Social Security taxes for at least five out of the last ten years to qualify for SSDI benefits. This rule ensures that only those who have contributed to the system can receive benefits. However, SSI does not have this work history requirement.

How much income is too much for disability?

For SSDI, there is no strict income limit, but if you earn above a certain amount, known as the Substantial Gainful Activity (SGA) limit, you may be ineligible. As of 2023, the SGA limit is $1,470 per month for non-blind individuals. For SSI, your income must be below a certain threshold, which is $914 per month for individuals. Exceeding these amounts can affect eligibility.

What is the maximum back pay for disability?

The maximum back pay for disability benefits can vary based on the individual's case. Generally, back pay is calculated from the date of the disability onset to the date of the approval of the claim. There is no fixed maximum, but it can cover up to 12 months prior to the application date. Each case is unique, so the amount can differ significantly.