As society becomes more aware of the severity of disabilities and mental health ailments, questions increase as to their impact in legal matters. Especially in the realm of family law, child custody, and child support, it is imperative to look at how North Carolina law addresses the needs of children with disabilities.
What Constitutes as a Disability?
The North Carolina Persons with Disabilities Protection Act defines that a person with a disability is any person who:
(i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment.
When analyzing if this definition applies to a specific situation, this statute points out the following considerations in finding that a person has a disability:
Physical or mental impairment. This includes “any physiological disorder or abnormal condition” or “any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability.”- Limitations in ability to conduct major life activities.
- Record or history of the impairment.
- Is regarded as having an impairment by those around the person and taking care of the person.
See North Carolina General Statute §168A-3(7a).
This law has a notably broad definition of a “person with a disability.” As such, you may believe that the law has added protections for children with disabilities through family laws. Unfortunately though, the opposite is the case.
What About Child Support Laws?
Currently, there is no separate child support statute that addresses the support of a child with disabilities. However, addressing the needs for those with disabilities has a contentious legal history.
Like many other states and in line with a North Carolina Supreme Court ruling imposing such an obligation upon parents, the North Carolina General Assembly codified a statute named “Custody and Support of Person Incapable of Self-Support Upon Reaching Majority” in 1967. Under this statute, a parent’s child support obligation remained the same as a minor child for so long as the child remained mentally or physically incapable of self-support. This law was effectively repealed by amendment in 1979, which decreased a parent’s obligation toward a disabled child. In 1991, the North Carolina Court of Appeals effectively found that the law “does not now require parents to support their disabled children after they are of age” Jackson v. Jackson, 102 N.C. App. 574, 575b 402 S.E.2d 869, 870 (1991).
The only other further adjustment to a parent’s child support obligation was enacted in 1983. More specifically, the Court could extend a parent’s child support obligation beyond the age of majority until the child graduates from high school or is otherwise making “satisfactory progress towards graduation” until the child reaches the age of 20. North Carolina General Statute §50-13.4(c)(2).
Are There Any Exceptions?
Parents can reserve the right to continue to pay child support if they choose to do so outside of the Court. However, such payments may impact the adult child’s abilities to get disability benefits from the Social Security Administration or other organizations that provide similar benefits.
With the increasing conversation around disabilities and mental health, it is important to know the current laws in order to determine what laws best fit the needs of our children today and in the future.
If you or somebody you know is navigating the family law system with a disabled child, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where Theresa’s legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
