Can a physically handicapped child get financial support from his parents beyond the age of 18?

Full question:

I am 18 years old. I’m physically handicapped and living with my parents in West Virginia. Can I continue to get financial support from my parents after I turn 18? Is there any law in West Virginia that makes me eligible for support?

  • Category: Minors
  • Subcategory: Child Support
  • Date:
  • State: West Virginia

Answer:

Yes, according to West Virginia Code § 48-11-103, you can continue to get support from your parents after you turn 18. If you are physically handicapped or disabled, unmarried, still living with your parents, and still in school. In any case, support will end when you turn 20.

W. Va. Code § 48-11-103 reads:
 
“(a) An order for child support shall provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and making substantial progress towards a diploma: Provided, That such payments may not extend past the date that the child reaches the age of twenty.
(b) Nothing herein shall be construed to abrogate or modify existing case law regarding the eligibility of handicapped or disabled children to receive child support beyond the age of eighteen.
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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

Yes, you can receive Supplemental Security Income (SSI) while living with your parents, provided you meet the eligibility requirements. Your income and resources will be considered when determining your SSI benefits. If you are disabled and meet the income criteria, you may qualify for assistance regardless of your living situation. However, living with parents may affect the amount you receive due to the income they provide. It's essential to report all income accurately to the Social Security Administration. *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.*