A parent’s obligation to financially support their child usually ends when that child reaches adulthood. But Maryland law does make an exception for a “destitute adult child,” which is defined as an adult child who has no means of subsistence; and cannot be self-supporting, due to mental or physical infirmity. When a court determines that an adult child is destitute, both parents are required to continue providing financial support. Indeed, a parent who neglects or refuses to provide basic necessities to an adult destitute child can be charged with a misdemeanor offense by the State’s Attorney.

Adult Child Support Does Not Extend Any “Custody or Visitation” Rights

In determining the amount of support for an adult destitute child, Maryland courts look to the same guidelines used for child support cases involving minors. As the Maryland Court of Special Appeals explained in a recent unreported opinion, however, that is where any analogy between the two types of child support ends. At the end of the day, a destitute adult child is still an adult, so other legal concepts applicable to minor children–such as custody and visitation–are not covered by the adult law.

The case before the appellate court, Raeder v. Hanley, involved a father estranged from his adult child. The adult child is autistic and has an anxiety disorder. The parents divorced in 2009 and the child continues to live with the mother. As the Court detailed in its opinion, the child is attending college but has had difficulty holding down a full-time job due to his mental infirmity.

When the child turned 19, the Anne Arundel Circuit Court found he was an adult destitute child. In 2015, the Court ordered the father to continue paying child support in the amount of $1,800 (which also included another child who is still a minor). Later, the parents agreed to a modified support order of $1,378 applicable to just the adult child.

Sometime later, the father filed a new motion in Circuit Court. He asked for a reduction in the amount of child support. He also sought to enforce provisions of the pre-existing Marital Separation Agreement with respect to child custody. As the Court of Special Appeals later put it, the father basically wanted to continue enforcing the visitation and custody schedule that was in effect when the adult child was still a minor. The Circuit Court said it lacked the authority to do so. While the Court did reduce the father’s support obligation, it was not as much as he liked, prompting his appeal.

The Court of Special Appeals affirmed the trial judge’s ruling. With respect to “enforcing” the separation agreement, the Court said that while “adult destitute children are to be supported in the same manner as children who fall under the child support laws, that is where the analogy ends as to a shared custody situation.” An adult destitute child is still an adult. The courts therefore cannot order them to obey any sort of visitation or custody schedule. This was not, the Court emphasized, a guardianship situation where the child lacks the capacity to “make decisions about their welfare.”

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This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.