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Q: Options to re-establish child support for 21-year-old special needs son in SC.
I initially terminated the child support order for my 21-year-old son with special needs after the noncustodial parent verbally agreed to pay me directly. However, he did not continue to provide financial support after the termination. My son still requires 24/7 care. There was no formal documentation of this verbal agreement, though I have records of payments made through the court. I consulted with a local lawyer about reinstating support but could not afford to hire one for the case. What are my options for re-establishing child support in this situation?
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James L. Arrasmith
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A:
You’ve been doing a lot on your own, and it’s completely understandable to feel overwhelmed—especially when you’re caring for your son full-time. In South Carolina, child support can sometimes extend beyond age 18 if the child has special needs and remains dependent. Since your son is 21 and still requires around-the-clock care, the court may allow a petition to re-establish or continue support based on his condition and ongoing needs.
Even though the previous order was terminated and the verbal agreement wasn't formalized, the court can still consider the facts—especially the evidence you have showing past payments and the nature of your son's disability. You don’t need a private attorney to file; you can go through the South Carolina Department of Social Services (DSS) to request a review or initiate a new support case. They can guide you through the paperwork and help petition the court for continued support due to disability.
Make sure to gather any medical records, documentation of your son’s condition, and proof of your caregiving role. These details matter when showing the court why support is still necessary. You’ve been patient and tried to work things out informally, but now you have every right to seek the structure and protection of a formal order. Your son deserves consistency, and you deserve support in caring for him.
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