2

I am asking one a friend's behalf.

My friend's parents are divorced, my friend (18, F) is living with her mother and her mother's boyfriend (not married to each other). The mother receives child support however refuses to pay for health insurance. My friend is left without medical coverage, has not been to a doctor for a routine checkup in two years and has not been to a dentist for six years. She is worried about the state of her teeth, but as mentioned she does not have the finances to visit a dentist.

Is it illegal for the mother to refuse to cover the child's health needs?

  • The child is an adult, is she not? – phoog Dec 22 '15 at 6:48
  • @phoog Yes, she is. Does that make is so that she has to cover her own medical expenses? – pjrader1 Dec 22 '15 at 6:50
  • I don't know, I'm afraid. I suspect she would have had a better case before her 18th birthday, but if the child support is still due to be paid to her mother on her behalf, her age may not yet be a problem. With any luck someone who knows more about family law will answer. The jurisdiction will probably be relevant. What state is she in? – phoog Dec 22 '15 at 6:52
1

No. The mother is not obligated because the child is 18. And has, therefore, reached the age of majority in New Hampshire. (See below chart.)

Before age of majority:

  • Parents are legally obligated to provide for the basic wellbeing of the child including but not limited to proper medical care.

After age of majority:

  • Parents do not have any legal or financial obligation for the care and maintenance of children.
  • Parents should not be paying or receiving child support payments.

Exception to Statutory Obligations

It is possible, however, that the parenting plan or custody agreement places extra-statutory obligations on one or both parents while child support is being paid. It would be important to read the parenting plan or custody agreement to see if that sets forth obligations for the mother not covered by statute. In which case the child could sue the mom for contempt of court or violation of the custody agreement (or whatever it might be called in New Hampshire) in order to enforce it.

Age of Majority by U.S. State

Source: http://contests.about.com/od/3/g/ageofmajority.htm

State Age of Majority

Alabama 19

Alaska 18

Arizona 18

Arkansas 18 or graduation from high school, whichever is later

California 18

Colorado 18

Connecticut 18

Delaware 19

District of Columbia 18

Florida 18

Georgia 18

Hawaii 18

Idaho 18

Illinois 18

Indiana 18

Iowa 18

Kansas 18

Kentucky 18

Louisiana 18

Maine 18

Maryland 18

Massachusetts 18

Michigan 18

Minnesota 18

Missouri 18

Mississippi 21

Montana 18

Nebraska 19

New Hampshire 18

New Mexico 18

Nevada 18, or if still in high school at 18, 19 or graduation, whichever comes sooner

New Jersy 18

New York 18

North Carolina 18

North Dakota 18

Ohio 18 or graduation from high school, whichever comes first

Oklahoma 18

Oregon 18

Pennsylvania 18

Rhode Island 18

South Carolina 18

South Dakota 18

Tennessee 18 or graduation from high school, whichever is later

Texas 18

Utah 18 or graduation from high school, whichever is earlier

Vermont 18

Virginia 18

Washington 18

West Virginia 18

Wisconsin 18, or if still in high school at 18, 19 or graduation, whichever comes sooner

Wyoming 18

  • I should have specified which state she is living in. She is living in New Hampshire, and she is not graduated from high school yet so child support is still paid. I hope that I am correct to assume that the same obligations before 18 still apply since child support is still in effect? Very helpful, though. – pjrader1 Dec 22 '15 at 7:31
  • @cakeisajoke: Read edited version. There is still a chance. +1 – Mowzer Dec 22 '15 at 7:47

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.