In 2001, Oklahoma enacted law that allows a custodial parent to obtain child support from a noncustodial parent for their adult child with disabilities.
Typically child support terminates when the child reaches eighteen (18) years of age. If a child is regularly enrolled in and attending high school, other means of high school education, or an alternative high school education program as a full-time student, the child shall be entitled to support by the parents until the child graduates from high school or until the age of twenty (20) years, whichever occurs first. However, support for an adult disabled child may be ordered for an indefinite period of time.
For this law to apply, the child's disability existed, or the cause of the disability was known to exist on or before the eighteenth birthday of the child – otherwise during the period when the noncustodial parent was legally obligated to pay child support. The suit for support may be filed regardless of the age of the adult disabled child or when the divorce was originally granted.
The legal action for support may be brought by the custodial parent or the adult disabled child when that disabled person is competent.
A law suit may be brought in the custodial parent’s original divorce action, in a separate action filed in the family court, or in an existing guardianship case.
Not only will the court consider financial support but also the rights and duties of both parents. Any order setting the support, rights and duties of the parents may be modified throughout the life of the adult disabled child.
Information which the court will require include proof of the existing or future needs of the adult disabled child, each parents financial contribution to the care of the adult disabled child, the financial resources available to each parent, other resources available for the adult disabled child including SSI, TANF, Social Security, etc.
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