Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes grade 12 or attains 19 years of age, whichever occurs first. Existing law provides that both parents have an equal responsibility to support their child in the manner suitable to the child’s circumstances. Existing law also provides that both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. Existing law authorizes the establishment of a special needs trust if a court makes specific determinations, including that the minor or person with a disability has a disability that substantially impairs the individual’s ability to provide for their own care.

This bill would authorize a court to order that a support payment be paid to a special needs trust, as specified.