Permant Child Support — Child Disability

Archive, Blog, Brad M. LaMorgese

On December 17, 2015, the Houston (First) Court of Appeals considered Thompson v. Smith, where the Father appealed an order for him to pay permanent child support for his disabled adult child. Father contended that the evidence did not support a finding that his child was disabled. At trial, he introduced evidence that his son was competent to testify, eligible to vote, could dress himself, and communicate with others, he can read, write, and perform basic math, and has a high school diploma.

Mother provided evidence that showed son was considered disabled under the meaning of the Social Security Act, son had actually received a special education high school diploma, and son has had these disabilities since his youth.

In affirming the trial court, the Court of Appeals held that being competent to testify at trial did not preclude a finding of disability and that Son had met all the requirements for permanent child support because the disability finding was supported by the evidence.