Adult Family Support
When a child is determined to be incapacitated, as defined by the law, California law permits the Courts to continue ordering support to the child, despite the child’s age.
Father and Mother have an equal Responsibility to support their Children
Family Code 3910 states as follows: “The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.” (Cal. Fam. Code §3910 (2025).)
Family Code 3910 allows for the Court to continue ordering support to a child when that child is unable to support themselves, even after they turn 18. (See Id.)
Who Qualifies as an Incapacitated Adult Child
Incapacitated from earning a living and without sufficient means is the finding the Court needs to make to have grounds to order continuing child support. (In re Marriage of Drake (2015) 241 Cal. App. 4th 934.) The incapacity standard requires courts to focus on the child’s ability to work or become self-supporting in light of any conditions the child may have. (See In re Marriage of Cecilia & David W. (2015) 241 Cal. App. 4th 1277.)
Will the Court Order Support for Your Adult Child If They Receive State Funds
Do not be afraid to ask for support via adult family support under Family Code 3910, even if your child receives significant state funds. There is a relevant Welfare and Institutions code Section 12350, which prohibits holding relatives liable for the support of public aid recipients. (See Wel. Inst. Code §12350 (2025).) However, California case law has found that this code only bars agencies from seeking recoupment of government benefits, and it may be a consideration of the court; the Court is not barred from ordering adult family support if the child is receiving state aid. (See In re Marriage of Cady & Gamick (2024) Cal. App. 5th 379.)
Special Needs Trust- the Benefits of Requesting Funds be Placed in a Trust
Suppose you have an adult child who qualifies statutorily to receive family support under Family Code 3910, and the Court orders a parent to pay family support for that child. In that case, there are benefits to request that the funds be placed in a special needs trust.
California’s legislature recently amended Family Code section 3910 to allow a parent to pay support into a “special needs trust” within the meaning of title 42 of the US Code section 1369p(d)(4)(A) or (C). (Id. at 407.) The benefits of a special needs trust are extremely favorable for those adult children who receive government aid, such as SSI. Most government-related assistance is determined based on a party’s income. Support, whether child, spousal, or adult continuing support, can count towards income for a party seeking government aid. The “special needs trust,” however, can potentially exempt the financial support given to an adult child from being considered by the government when determining eligibility for government-funded assistance.
In most cases, if your child qualifies for adult family support under Family Code 3910 and receives some form of government aid, requesting the funds be placed in a “special needs trust” can expand all opportunities for your child to receive the most support they possibly can. Keep this in mind if you ever seek out continuing adult support for your child.