When you have a child and get divorced, both parents are required by law to keep supporting their child. If one parent gets primary physical custody, the other parent pays child support until that child is an adult. It seems simple, but sometimes this matter can get a bit more complicated. A good example of this is when special needs children are involved. A one-size-fits-all all approach simply cannot work here, but our Dallas County child support lawyers are ready to help you fight for an arrangement that ensures that your child is well cared for.
Can Child Support Payments Be Higher for Special Needs Children?
The first thing to take into account is that support payments for special needs children often have to be larger. Child support is meant to provide for the basic needs of a child. These payments help cover everything from food and clothing to healthcare and education costs.
Special needs children often have additional needs that other kids do not need to worry about. Whether there are expensive medications or home modifications that have to be paid for, these extra costs cannot just be pushed off on a custodial parent. The other parent needs to chip in too, and that often means paying more in child support.
How Long Should a Child Support Agreement Last?
Usually, the child support agreement lasts until the child reaches the age of majority, 18 years of age. Unfortunately, many special needs children continue to need the support of both parents past this point. You should not just expect the child support agreement to end once your son or daughter turns 18.
What Happens When Special Needs Children Need Continued Support?
When additional support is needed by a child, the parents can try to come to an arrangement on their own or go through the courts. The individual needs of their child need to be considered. Do they need just a little bit of assistance to live their lives, or is an independent life completely off the table for them? What kinds of support and accommodation do they need? You know your child best and you must make a case for them.
Some parents continue an arrangement that’s much like child support, with one parent making payments to the other for as long as they are both alive. There are also other ways to care for special needs children as they enter adulthood. You can figure out what kinds of government benefits they qualify for, including Medicaid or SSI. Forming a special needs trust is also an options. This can allow you to pass on assets to them without making it impossible to qualify for government assistance.
Contact Our Law Firm Today
Negotiating a divorce agreement on your own can be tough. Make sure that you hire a lawyer who is ready to advocate for the best interests of you and your children. Contact Iowa Defenders, PLLC to schedule a consultation with our team.
