Court Cancels Father's Support For 'Special Needs' Child
Last updated Thursday, December 13, 2007 2:45 PM CST in News
By THE MORNING NEWS
LITTLE ROCK Ñ A Crawford County man does not have to continue paying child support now that his "special needs" child is an adult and living in a group home, the Arkansas Court of Appeals ruled Wednesday.
The decision reversed a lower court ruling that moving into a group home was not sufficient to show a change in circumstances to terminate the support.
Carl Bagley filed a motion in Crawford County Circuit Court in 2006 asking the $41.50 a week in child support be terminated. He said his son, who was older than 18, moved out of his ex-wife's home in 2005 and into a group home for people with special needs.
Bagley argued his son was working part-time, making $150 a week, and was receiving a federal Supplemental Security Income check of $560 a month.
After a hearing, Circuit Judge Michael Medlock denied Bagley's request, saying moving into a group home was not sufficient to show a change in circumstances to terminate support. Bagley appealed the decision.
In its ruling Wednesday, the Court of Appeals said no state appeals court has held that a parent is obligated to support a disabled or special-needs child for life. Determination of whether continued support is proper must be made based on the facts of a particular case, the court said.
In Bagley's case, the monthly SSI check covered his son's housing, utilities, food, transportation, phone bills and pharmacy bills, the court said, adding there was no evidence the son needed continued support from his parents.
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