The California Department of Child Support Services (DCSS) has issued a policy that child support services must be provided for an adult disabled child if the child’s disability is verified to have occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means. This policy is based on Family Code Section 3910.
Before opening a case, the Local Child Support Agency must request verification that child’s disability occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.
If there is a claim of disability in an open case and that claim is verified, the Local Child Support Agency must file a motion to extend support under Family Code Section 3910.
If an applicant has a child support order for an adult disabled child, the Local Child Support Agency must enforce the order past the age of majority if the order states the disability occurred prior to the age of majority or, if the order is silent about disability, the applicant provides documentation that the disability occurred prior to the age of majority. (CSSP Letter 19-07, July 31, 2019.)