Before and As Your Child Turns 18, Legal Actions Needed

By: Kim Nutter

Obtaining Information, Risks, and Action After 18

You’re the parent and are entitled to all information about your child (18yr old) from all sources, as you have always been. Why are you being told no?

As your child approaches turning 18 years old, in addition to college applications and test taking, it’s important to discuss the legal impact of your child becoming a legal adult. Discuss the parents’ legal rights to access information or make decisions for the legal adult. Discuss the legal impact of (and it’s recommended that you obtain) powers of attorney over your “adult” eighteen-year-old for medical and financial matters and other areas, if needed. Your 18-year-old will need their own independent attorney for any powers of attorney and for their own estate planning and health care surrogates. This may inspire you to update your own estate and health care planning.

In the likelihood that before the completion of their undergraduate program, you will be writing or responding to your adult child’s landlord’s letter demanding additional monies, or continuing to ignore the leaking faucet, or both. The power of attorney may be useful.

Consider shifting liabilities and limiting exposure. Before watching your adult child drive away to college, a new residence, on a 6-month road trip, try to recall how the car is titled. After age 18, consider titling the “child” automobile in the child's name. This removes the parent on the title from any liabilities related to that vehicle. Yes, insurance is likely to increase. Get estimates and weigh them against risk.

Child Support and Timesharing After 18

If child support is being paid, it usually ends at age 18 or graduation from high school. If the child support is being paid through an income deduction order, contact that agency to confirm termination of the income deduction order. And if needed, ask how to file for any refunds. It does not always work as automatically as intended.

So, what about the holiday timesharing and the vacations and notices now that the child is 18 years old? Unless it was agreed otherwise, those orders are not enforceable after age 18 or high school graduation. Therefore, it is up to you, the other parent, and most importantly, the adult children, usually with their own plans.

And there could be other legal concerns. Access to a child previously established through a timesharing schedule no longer applies and is not enforceable. Child support will terminate at age 18. Health Insurance coverage may be part of the child support and will also terminate. The children can still be financially provided for after age 18. The parents can contractually agree to a monthly support after age 18 to be contributed for college tuition, books, room and board, and other related expenses to support a college student. That agreement needs to be part of a court order to be enforceable.

When there are legal needs based on the special needs of the adult child, a legal guardianship over the adult child can be sought. That court will appoint the Guardian for the adult child, the Ward, if all statutory requirements are met. Disputes regarding access to the adult child need to be raised through your attorney in these proceedings. And it's important to act quickly upon turning 18 years old. Consult with and select a qualified guardianship attorney when age 17.

The guardianship is for decision-making and oversight of how the monies are spent for the ward. A separate action is needed to address financial responsibilities for a special needs child after 18. In those circumstances, 6 months prior to turning 18 years old, a petition for financial support for an adult dependent child may be filed in the courts. The needs of the adult dependent child, all sources of income available, and what the parents should each contribute will be determined. Talk to an attorney early (at the same time you meet for the guardianship) to start this process.

There is more paperwork and legal issues with your child turning 18 than one would have thought at first glance. Start getting legal advice at age 17 if not earlier.