Post-Emancipation Support for Adult Children with Disabilities: The Question of Duty to Support Adult Children Under Massachusetts Law

Format: Online only- and will be recorded.

Faculty

• Hon. Michael Anderson, Probate and Family Court
• Hon. Lee M. Peterson, Probate and Family Court
• David E Cherny, Esq., Atwood & Cherny
• Lisa M. Cukier, Esq., Rubin Rudman (moderator)
• Annette M. Hines, Esq., Special Needs Law Group of Massachusetts, PC

Program Description:

Massachusetts courts, family law attorneys and disability law attorneys continue to grapple with one of the long-term financially impactful and unsettled questions in the law of parents and children: whether, and under what circumstances, parents may be required to continue supporting their disabled adult children after emancipation and long into adulthood. Through a detailed examination of leading Massachusetts appellate decisions and recent published and unpublished decisions, this program explores the legal foundations, limits, and practical application of post-emancipation support obligations.

Designed for family law, probate litigators, disability law attorneys, guardians ad litem, parent coordinators, guardianship/conservatorship lawyers, and judges, this presentation analyzes the development of Massachusetts law through landmark decisions including Feinberg v. Diamant, Eccleston v. Bankosky, Vaida v. Vaida, Norris v. Norris, and related cases. Particular attention will be paid to the statutory framework governing child support, the distinction between support for minor and adult children, the Courts’ equitable powers through MGL Chapter 215 Section 6 to order a financially able parent to provide support to an emancipated adult child, the role of disability in extending parental obligations, and the differing treatment of married, divorced, and never-married parents. This program will examine how courts have interpreted the concepts of dependency, disability, emancipation, and continuing need, ability for self-support, the role of guardianship and conservatorship, the impact of disability benefits, government benefits such as SSI, special needs trusts, and an incapacitated person’s ability to support oneself through earned and unearned income and assets, as well as the procedural vehicles available to seek support. Participants will gain a deeper understanding of the factual and legal considerations that influence judicial decisions in these cases and the emerging trends that continue to shape this area of family law.
 

Learning Objectives:

At the conclusion of this program, participants will be able to:

1.  Analyze the statutory and common-law foundations of post-emancipation support obligations for adult children with disabilities in Massachusetts.
2. Distinguish between child support statutes and equitable actions for adult support.
3. Evaluate the legal significance of disability, dependency, emancipation, and ability to self-support through government benefits, and earned or unearned income, in determining whether a continuing support obligation exists.
4. Understand Self Settled and Third Party Trusts and nuances in their use, as well as understanding the impact of income and asset limits and rules relating to government benefits eligibility.
5. Identify procedural and substantive arguments available to practitioners seeking or opposing support claims on behalf of disabled adult children.
6. Assess current trends and unresolved legal questions concerning parental obligations to support adult children with disabilities.