Child support obligations in Tennessee are based on statutes, case law, and the Child Support Guidelines regulations, and typically expire when the child reaches age 18 but can be extended based on a child’s disability. T.C.A. § 36-5-101(k) is the statutory authority for Tennessee courts to order child support obligations for parents after a disabled child reaches the age of adulthood.
Child support payments may be ordered to continue until the disabled adult child reaches age 21. When the nature of the disability is severe, the Court may determine that continuing support beyond age 21 is in the child’s best interest. How long support continues and the amount of the support obligation is within the discretion of the Court.
The Tennessee Court of Appeals recently affirmed an order for child support beyond age 21 in the matter of Lillard v. Lillard (Tenn. App. 2021). In this case, the adult child had an IQ of 68 and a diagnosis of ADHD had graduated high school and was capable of working unskilled, part-time jobs for short periods of time. The child remained living with her mother who supervised and assisted with the child’s personal hygiene and personal care, healthcare, finances, and transportation. The child’s father was ordered to pay support for his adult child in an amount equal to the child’s outstanding monthly frugal living expenses after subtracting the child’s contribution from her own employment.
The Lillard case shows that child support for disabled adult children may continue where the severely disabled child is capable of maintaining employment. Furthermore, the amount of the obligation may not be determined using the Tennessee Child Support Guidelines, but instead may be based on an in-depth review of the expenses and needs of the child.
The contents of this post do not constitute legal advice or suggest any outcome of your individual case. You should seek the advice of an attorney based on the facts and circumstances of your case before taking any action.
