Even the newest law school graduates know that in New Jersey, the duty to financially support a child continues until the child has become emancipated, or in other words, “moved beyond the sphere of parental influence.” Child support does not continue once the child is over the age of 23, but a court can order continued financial maintenance after age 23 if the circumstances warrant. When a family has a child with special needs or disabilities, particular attention must be paid to how the obligation to maintain the child is structured. Important governmental benefits for the child, either as a minor or an adult, can be negatively impacted if the practitioner is not exceedingly careful.
The most well-known benefits for disabled children or adults are Supplemental Security Income (SSI) and Medicaid. SSI is a needs-based program that provides funds to be used for an individual’s food and shelter. In 2023, the amount of SSI provided will be $914 per month. When a person is eligible for SSI, they are also eligible for Medicaid. In order to qualify for SSI, a person must:
1. Be 65 years of age, blind, or totally or and permanently disabled; and
2. Have income less than the SSI amount ($914 per month in 2023); and
3. Have less than $2,000 in assets.
