California Family Code § 3910: Support for Adult Children with Disabilities

Plain-Language Summary

California Family Code § 3910 requires parents to support an adult child who cannot support themselves due to a disability. In plain terms, if a child (no matter how old) is incapacitated from earning a living (for example, because of a physical or mental disability) and without sufficient means to provide for themselves, both parents have a duty to help support that child. This obligation is shared equally by both mother and father, and each is expected to contribute according to their ability to pay. The goal is to ensure that an adult child who cannot work and has no assets is not left destitute or forced to rely solely on public assistance when the parents can help.

Importantly, the law doesn’t automatically continue child support for every adult child with a condition – the adult child must be truly unable to be self-supporting. Courts will look at evidence of the adult child’s condition and ability to work. If the adult child is capable of working or has other means to support themselves, § 3910 would not apply. However, if the adult child’s disability is so severe that they likely would become a public charge without parental support, the court can order support from one or both parents.

Under recent amendments, the court may direct that support payments for a disabled adult child be paid into a special needs trust. This is often done when the adult child receives government benefits like SSI. By paying support into a special needs trust, the support can be used for the child’s needs without disqualifying the child from important public benefits. Finally, § 3910 makes clear that it does not override the usual child support duties for minor children (covered in Sections 3900–3901); it simply adds that parents also have responsibilities toward an adult child with disabilities under the right circumstances.

Real-World Examples

• A divorced couple has a 20-year-old son who has severe autism and cannot live independently or hold a job. Even though he is an adult, he remains completely dependent. Under § 3910, the court can order one parent to continue paying support (or both parents to share support) to cover the son’s ongoing care and living expenses, because the son is incapable of self-support.
• A 25-year-old daughter is left permanently disabled after a serious car accident and is unable to work. She has no income or savings of her own. Her parents are no longer together. The mother, who provides day-to-day care, can ask the court to order the father to contribute to the daughter’s support. Family Code § 3910 permits such an order since the adult daughter cannot earn a living and has no means to support herself.
• An adult child in his thirties has a developmental disability and receives about $800 per month in SSI disability benefits. His mother provides him housing and care. The father has a well-paying job but stopped child support when the son turned 18. Under § 3910, the mother can seek an order for the father to pay support. The court might order the father to pay monthly support into a special needs trust for the son’s benefit. This way, the son gets additional financial support without losing his SSI, because the funds in the trust are used for his supplemental needs.

Key California Cases Interpreting Family Code 3910

• Jones v. Jones (1986) 179 Cal.App.3d 1011 – An adult child who is neither physically nor mentally disabled cannot compel a parent to pay for her college education. In Jones, a 18-year-old daughter sued her father for college expenses, but the court rejected the claim because she failed to show any inability to work due to disability or factors beyond her control. Family Code 3910 (then Civil Code § 206) only imposes a support duty when the adult child is truly incapacitated from earning a living.
• Chun v. Chun (1987) 190 Cal.App.3d 589 – A father was ordered to support his 20-year-old “emotionally disabled” daughter, even though the mother was already providing support. In Chun, the adult child had the emotional maturity of a young adolescent and was unable to hold a job. The court held she was a “person in need” under the law, and the father’s duty to support was not negated by the fact that the mother was caring for her. An incapacitated adult child’s right to support exists even if one parent is covering all expenses, so the other parent can be required to contribute.
• In re Marriage of Drake (1997) 53 Cal.App.4th 1139 – A parent’s obligation to support an incapacitated adult child may continue even after the other parent’s death, similar to a minor child’s support. Drake involved a schizophrenic adult son. The court confirmed that the statewide child support guidelines apply to support for adult disabled children. It also explained that the question of whether an adult child is “without sufficient means” is determined by whether, without parental support, the child is likely to become a public charge (i.e. require public assistance). In Drake, the father’s support duty did not end when the mother (who had been caring for the son) passed away; her estate, and thereafter the father, could still be required to support the adult child.
• In re Marriage of Cecilia & David W. (2015) 241 Cal.App.4th 1277 – The Court of Appeal reversed an order requiring father to support a 24-year-old adult son with Tourette’s syndrome and ADHD. The trial court had ordered support under §3910, but on appeal the order was overturned because the wrong legal standards were applied and there was insufficient evidence that the adult child was actually incapacitated from earning a living or without sufficient means. Cecilia & David W. emphasizes that a finding of incapacity and lack of means must be supported by substantial evidence (medical, financial, etc.), and courts must apply the correct criteria when determining if an adult child qualifies for support.
• In re Marriage of Cady & Gamick (2024) 105 Cal.App.5th 379 – This recent case clarified that a parent cannot avoid supporting an adult disabled child just because the child receives government disability benefits. The mother in Cady & Gamick sought support from the father for their autistic adult son, who was receiving SSI and other public aid. The family court had denied support, believing Welfare & Institutions Code § 12350 (which says no relative can be forced to reimburse the government for aid given to a recipient) excused the parents. The Court of Appeal reversed, holding that §12350 only prevents government agencies from seeking reimbursement from relatives, and it does not bar one parent from obtaining a child support order against the other parent under Family Code 3910. In other words, an adult child’s receipt of public assistance does not extinguish the parents’ support obligations to that child.

Note: In 2024, Family Code § 3910 was amended (effective Jan. 1, 2025) to add subsection (b), which expressly allows a support order for an adult disabled child to be directed to a special needs trust for that child’s benefit. This change ensures support payments can be managed without jeopardizing the child’s eligibility for public benefits. Subsection (c) was also added to clarify that § 3910 does not limit a parent’s fundamental duty to support a minor child under §§ 3900–3901.

Full Text of Family Code § 3910

3910. (a) Each parent of a child has an equal responsibility to maintain, to the extent of their ability, their child of whatever age who is incapacitated from earning a living and without sufficient means.

(b) The court may order that a support payment be paid to a special needs trust. For purposes of this section, “special needs trust” means a trust that meets the requirements described in subparagraph (A) or (C) of paragraph (4) of subsection (d) of Section 1396p of Title 42 of the United States Code and paragraph (3) or (4) of subdivision (a) of Section 50489.9 of Title 22 of the California Code of Regulations.

(c) This section does not limit the duty of support under Sections 3900 and 3901.

Nothing on this page should be considered legal advice…