When Does Child Support Really End?
Most people are under the assumption that child support is just that, support for a child and ends when the child turns 18. However, in Minnesota, Minn. Stat. 518A.26 controls this issue and says, generally, that child support will continue until
1) the child is 18, AND
2) graduates from high school, or
3) if, due to physical or mental disability, the child is unable to care for themselves. It’s this last one that is rarely even considered in Minnesota Divorce Courts, but a somewhat significant case came out last week that addresses this very topic.
In Hanratty v. Hanratty, the “child” in question is 32 years old and now lives in a group home due to severe disability. Ten years ago, when the parties divorced, the Judge ordered $2,000 of child support to be paid by the father to the mother (who was caring for him) until the child died. The father brought a motion asking that he not be required to pay any more, primarily because if the father did not pay the child support, the entire cost would be picked up by the state. This means there is no additional costs to care for the Hanratty’s offspring by either the mother or father!
However, the Court of Appeals said no, nothing has changed and the father is still required to pay the $2,000/month. There is, of course, a public policy issue here that is well above my pay grade, but as a practical matter, this is a significant expense that neither the mother nor the father anticipated for so long.
It seems that this issue is going to appear more and more, and your lawyer needs to know about any health issues your child may have. With the rise in autism and the ability for people with serious disabilities to live a long life, the issue of paying child support past 18 is still very much alive. So, the lesson of this post is that if your child has a serious condition, be sure to let your attorney know at the beginning of the case.
Information obtained from mankatofamilylaw.com may contain knowledgeable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota licensed Attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in your Family Law matter, contact 507-205-9736.
