Child Support and Special Needs Children

Cases of divorce are never easy when children are involved. They can become increasingly complex for parents of a child with special needs. Not only will parents need a child support order to cover the needs of the child during their early years, but some children may never be able to support themselves due to the child’s disability or illness. This can create the need for child support obligations to continue well past the child’s 18th birthday or graduation from high school.

In cases of divorce, the issue of child custody and child support obligations can take center stage. When special needs are involved, additional concerns must be addressed now and into the future when the child is no longer a minor. To address your concerns, contacting a qualified local child support attorney is critical. Getting help from a family law attorney who can evaluate your case and advise you on how to proceed is wise.

Understanding Child Support for Special Needs Children

In a divorce involving minor children, the family court considers the child’s needs and the family law of the particular state. When it comes to a parent’s obligation to support their special needs child in the case of a divorce, any number of considerations are taken into account.

As with any child support case, the parents can agree regarding support for a special needs child. Parents should file the agreement with the court that would have jurisdiction over the matter while the child is still a minor. If a parent fails to uphold the agreement, the other parent can ask the court to enforce the agreement.

Some states generally do not require child support for an adult child, but exceptions often exist for adult children with disabilities. However, in most cases, when a child has been found mentally or physically disabled, a court may require a parent to provide for an adult child’s care or financial support. Generally, the child must be unable to earn a meaningful living or live by themselves. If the child becomes disabled as an adult, a court is generally unlikely to require parents to make child support payments, although some states may impose obligations under specific circumstances.

Determining Support Amounts

Child support payments are calculated according to state law. A divorced parent’s obligations are based on a parent’s ability to pay and the child’s best interests. Factors can include a parent’s income, including wages, and assets such as stocks and bonds. They can also include the child’s standard of living before the divorce, which is considered to determine each parent’s obligation.

Each state has a system for calculating a child support obligation. A child with special needs might have extraordinary needs to consider. In such cases, a court will allow deviations from the standard child support guidelines. In most states where the court deviates from the guidelines, the judge explains the reasons.

A child with special needs may require support for the child’s medical needs, which may include physical therapy, speech therapy, or specific healthcare equipment. A disabled child or a child with special needs may require financial support throughout life.

Unique Financial Responsibilities

Parents who have children with special needs can face unique financial responsibilities. For most people, child support ends when children reach the age of majority and can support themselves. However, some children who become disabled adults will never be able to support themselves.

If the child has sufficient assets, the non-custodial parent may not be responsible for child support obligations unless the assets are held in a special needs trust.

A special needs trust can help shelter income and allow a child to keep their Supplemental Security Income (SSI). SSI is a benefit administered by the Social Security Administration, providing monthly payments to people with disabilities.

However, child support payments can jeopardize the child’s SSI benefits. If a child loses SSI, they may also lose Medicaid benefits that come with it, which are critical for helping pay for medical care. A special needs trust guards against a child losing their eligibility for Social Security disability benefits or other needs-based government benefits. Child support payments can then remain in the trust if the child does not need the money to pay for immediate needs. Special needs trust funds cannot be used for basic needs that government benefits cover, such as food and shelter.

Modifying Support for Changing Needs

When you have a child support order, you will likely become familiar with child support guidelines and calculators. When a family needs a court order modifying the amount of child support, the court will follow the child support laws when deciding on a modified amount of child support. There are certain thresholds. The details of these requirements vary by state, but typical reasons can include:

• A change in the child’s needs regarding their well-being
• More (or fewer) children being supported
• A change in the custody case or parenting time
• Increased income
• Involuntary reduction in income

Getting legal advice from a family law attorney is critical as soon as circumstances change.

Talk to a Child Support Attorney

Whether you’re a non-custodial parent paying child support or receiving support, a child support attorney can help you understand child support obligations under your state’s child support laws. They can help you regarding child support considerations for special needs children, focusing on the unique financial responsibilities involved.