Can Utah parents be required to pay child support for adult disabled children? Wadman v. Wadman Explained

The Utah Court of Appeals recently addressed whether parents can be ordered to pay child support for their adult disabled children in Wadman v. Wadman. This case provides important guidance for practitioners handling family law matters involving disabled children transitioning to adulthood.

Background and Facts

Benjamin and Trisha Wadman divorced in 1995 when their son was five years old. Their son had been diagnosed with tuberous sclerosis, causing seizures and requiring ongoing medical care. The divorce decree ordered Benjamin to pay $282 monthly in child support but made no mention of the son’s medical condition or support duration. Benjamin paid child support until his son’s high school graduation ceremony in 2009, then stopped payments. In 2021, when their son was 30, Trisha filed a petition seeking continued child support, alleging their son was incapacitated from earning a living and had “the developmental function of a seven-year-old.”

Key Legal Issues

The central question was whether an adult son qualified as a “child” under Utah’s Child Support Act. Benjamin argued that his obligation terminated when his son graduated high school because the original decree contained no provision for extended support. He also contended that Utah Code § 15-2-1 limited court authority to order child support beyond age 21, and that the parties had bargained away any future support obligations.

Court’s Analysis and Holding

The Court of Appeals reversed the district court’s dismissal, holding that Utah Code § 78B-12-102(7)(c) defines “child” to include “a son or daughter of any age who is incapacitated from earning a living.” The court rejected Benjamin’s arguments, finding that: (1) the automatic adjustment statute does not terminate support for incapacitated children who remain “children” under the statutory definition; (2) section 15-2-1 does not limit support for incapacitated adult children; and (3) parents cannot bargain away a child’s inalienable right to support.

Practice Implications

This decision clarifies that Utah parents have continuing support obligations for incapacitated adult children regardless of the original decree’s terms. The court noted that incapacity determinations can be made post-decree through modification proceedings, as disabilities may worsen over time or parents may not initially understand the long-term implications of a child’s condition. Practitioners should be prepared to address complex issues on remand, including when incapacity began, appropriate support amounts considering the adult child’s potential income, and retroactivity limitations under the modification statute.