The Legal Intelligencer: Downward Deviation of Child Support for Disabled Adult Child Not Warranted
In an article published in The Legal Intelligencer on February 8, 2021, family law partner Michael Bertin discusses the parental child support obligation regarding a disabled adult. In Pennsylvania, a parent’s duty of child support terminates upon the emancipation of the child, which generally occurs when a child reaches the age of 18 years old or graduates from high school, whichever occurs last. However, when there is a mental or physical condition that prevents the child from being able to support himself after the child reaches age 18 or graduating high school, the parental obligation of support may continue.
Michael examines the recent case of M.E.W. v. W.L.W., 240 A.3d 626 (Pa. Super. 2020), addressing the unique situation of where there is a support order for an adult child and other factors that could potentially impact the calculation of such a support order. However, as provided in the M.E.W. case, there are limitations to when adjustments may be made to support orders depending on the facts and circumstances of the particular case.
Michael is a family law attorney who focuses his practice on child custody, child support, and divorce, including the negotiation and litigation of domestic relations cases, divorce, custody, support, alimony, property distribution, prenuptial agreements and related issues. He is immediate past-Chair of the Family Law Section of the Pennsylvania Bar Association, a member of its Executive Committee and Council (the governing bodies of the Section), and is a former chair and member of its Procedural Rules Committee, Legislative Committee, and Program Committee. Michael is a former Chair of the Family Law Section of the Philadelphia Bar Association and the current co-chair of its Custody Committee. He is a former member of the Board of Managers (the governing body) of the Pennsylvania Chapter of the AAML. Michael also serves as chair of Obermayer’s Pro Bono Committee.