Patrick v. Patrick

2016 OK CIV APP 52, 377 P.3d 176, 2016 Okla. Civ. App. LEXIS 19
CourtCourt of Civil Appeals of Oklahoma
DecidedJune 16, 2016
DocketCase Number: 113731
StatusPublished

This text of 2016 OK CIV APP 52 (Patrick v. Patrick) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick v. Patrick, 2016 OK CIV APP 52, 377 P.3d 176, 2016 Okla. Civ. App. LEXIS 19 (Okla. Ct. App. 2016).

Opinion

ROBERT D. BELL, PRESIDING JUDGE:

11 In 'this post-dissolution of marriage proceeding, Respondent/Appellant, A. Patrick (Mother), appeals from the trial court's order finding S.AP., the parties' adult child, is a mentally or physically disabled child incapable of self-support. The trial court's order required Mother to pay a portion of the expenses incurred by S.A.P. for his drug and alcohol rehabilitation treatment and care. We hold the trial court abused its discretion and held contrary to the evidence when it determined S.A.P. has a mental or physical disability and is incapable of self-support, and when it ordered Mother to pay for a portion of S.A.P.'s drug and alcohol rehabilitation treatment and care. The final court’ order is reversed. -

T2 Mother and Petitioner/Awake," M. Patrick (Father), were divorced in 2008. The parties were awarded joint custody of the minor children, S.A.P., born May 2, 1994, and RAP., born August 20 1998. Father was ordered to pay child support and provide health insurance at his expense until each minor child reached the age of majority, or continuing through the age of twenty if the child regularly attended high school. The joint custody plan, did not identify S.A.P. as having a mental or physical disability that rendered him incapable of self-support.

' 3 In October 2010, the parties entered an agreed order modifying child support, medical expenses and education expenses. Father was awarded primary physical custody of SAP., then 16 years old. Neither party was ordered to pay child support, Father was ordered to continue providing health insurance at his sole expense. The November 2010 order did not characterize S.A.P. as a child requiring parental support beyond the age of majority.

T4 In May 2014, after SAP. graduated from high school and turned 20 years old, Father filed a motion to declare S.A.P. a "special needs child" under 48 0.8. 2011 112.1,A. Father claimed S.A.P. suffered from a history of drug and alcohol abuse, that Mother's ' alcoholism - and - permissiveness caused S.A.P.'s drug and alcohol use, and that S.A.P. was entitled to additional child support as a "special needs" adult child. Mother objected to this motion.

15 At the hearing on the motion, Father testified that Mother has a history of substance abuse for alcohol and controlled drugs. Father claimed Mother was solely responsible for S.AP.'s problems because Mother was an alcoholic, had been treated for alcohol abuse, and had been permissive of S.AP.'s consumption of alcohol in her presence. The evidence at frial revealed S.AP. was arrested in March 2014. SAP. was charged with the' felonies of driving under the influence of a controlled substance (DUT) and possessmn of an illegal substance. In an effort to reduce the criminal sentence, SA.P. voluntarlly submitted hungelf to a substance abuse "rehabilitation "program in Tennessee for 'detoxification, S.A.P. remained at this facility for approximately thirty days, and continued his recovery in. a 90-day inpatient/outpatient facility in Calffornia. Father sought post-minority child support from Mother to help defray the costs of SA.P!'s treatment.

T6 Father testified that SAP. was an adult and was living on his own in an apartment away from both parents' residences when he, sought treatment for substance abuse. Father stated that he paid for S.A.P.'s apartment. Father submitted that S.A.P. could not support himself while he was in treatment. Father also testified that Mother's emails expressed a desire to help S.A.P.

T 7 The trial court entered an order finding SAP. was "a special needs child" under 43 0.8. 112.14, The trial court's order stated that Mother "has at numerous times expressed a desire to participate in the recovery of her child and I think she should be allowed to do so." The court ordered Mother to pay one-half of the costs for the Tennessee facility and one-third of the expenses for the California treatment. Mother appeals from the trial court's adult child support order.

T8 Matters relating to child support are based on equitable considerations and therefore such matters turn to the sound legal discretion of the trial court. Merritt v. Merritt, 2003 OK 68, 73 P.3d 878, When this Court reviews the trial court's decision relat[178]*178ing to child support, we will not reverse the judgment unless the trial court abused its discretion, or made a decision against the clear weight of the evidence. Id.

19 On appeal, Mother contends the trial court's order awarding post-minority child support was an abuse of discretion, clearly against the weight of the evidence and contrary to Oklahoma law because S.A.P. is not a disabled child under 112.14. Mother submits the intent of 112.14 is to assure that mentally or physically retarded children will have the continued financial support from their parents beyond graduating high school or obtaining majority. Mother argues if the Legislature intended to require parents to provide support for adult children with substance abuse issues, then 112.1A would have provided that intent with clear language.

10 Father counters S.A.P. was "a child of special needs" under 112.1A due to his addiction. Father maintains the trial court properly found that as an inpatient, S.A.P. needed financial support from both parents. Father also asserts Mother offered to help S.A.P. in his recovery; therefore, she is estopped from objecting to the trial court's order.

111 Generally, a parent's obligation to support his or her child ends when the child reaches eighteen (18) years of age, or if that child is still enrolled in a high school education, until the child graduates or is twenty (20) years of age. 43 0.8. Supp. 2011 112(E). Title 48 0.8. 112.14 is a special statute that authorizes a trial court, in its discretion, to obligate either or both parents to support his or her mentally or physically disabled child for an indefinite period, even if that child has reached the age of majority. Gregory v. Gregory, 2011 OK CIV APP 89, 259 P.3d 914. To make such an award, 112.14 states the court must find:

a. the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support, and
b. the disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of the child.

[12 In the instant case, there is no evidence S.A.P. has a mental or physical disability. Therefore, in order to qualify for disabled adult child support under 112.14, the evidence must demonstrate that S.A.P. suffered from a mental or physical disability. Section 112.14 defines a "disability" as one that causes the adult child to require "substantial care and personal supervision." There is no published Oklahoma case examining the breadth of the term "disability" under 112.14. Furthermore, this Court was unable to find any sister state authority qualifying alcohol and drug addiction as a mental or physical disability under similar state statutes. But, assuming for purposes of this opinion that SAP's alcohol and drug addiction qualifies.as a mental or physical disability, this Court must ascertain if Father's evidence met the remaining requirements of 112.14.

{13 Other courts define "disability" under their post-minority child support statutes in economic terms. These courts foeus on whether the adult child is unable to adequately provide for his or her economic needs because of a mental or physical infirmity. See, e.g., Presley v. Presley, 65 Md.App.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 OK CIV APP 52, 377 P.3d 176, 2016 Okla. Civ. App. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-patrick-oklacivapp-2016.