Special Needs Children and Child Support: What to Know | Allan Brandon Tise PLLC, Attorney at Law

One of the most important aspects when parents divorce is child support. When the court determines how to distribute the payments, they consider a variety of factors. One of the main factors the court considers is the physical and mental health of the child.

The well-being of the child is the priority, so when a child has special needs, the judge will take the costs of maintaining those needs when they determine child support payments. All parents of special needs children should be aware of how child support is affected.

Both parents are expected to financially contribute to a child's needs. Child support allows one parent to give the custodial parent the additional means to pay for the child's needs. This includes living expenses, medical care, education, and other everyday needs. To determine a fair amount, the court looks at several factors in addition to the child's special needs.

The judge will evaluate the amount of money each parent makes, weighing those incomes against each other. If one parent makes twice as much money, the parent who makes more will typically have to pay higher child support.

Child support is used for the children's needs, no matter what they may be. Children who require special care need regular medical treatments, therapies, medication, and the like. This medical care equates to higher expenses than children without special needs, therefore requiring the judge to carefully evaluate each individual circumstance when declaring the child support order.

Parents may have to pay for special vehicles to get the child around, special accommodations in the home so the child can be more mobile, or an in-home care professional on a daily basis. The custodial parent may have to stay home full time to care for the child, meaning he or she has no income.

The child support order will take these expenses into consideration when the child support amount is determined. No matter the needs of the child, both parents have to contribute as much as possible. Parents do have access to special organizations and government programs to help cover the costs of the child's needs, but these programs cannot pay for everything.

The judge will also look at insurance coverage for the child, if applicable. One parent could have to keep the child on his or her insurance policy to help pay for the child's medical expenses. This is not part of child support, but the co-pays and deductible expenses can be incorporated into the overall total of child support.

When a child reaches adulthood, child support ends and the child is legally on his or her own financially, except for some states if the child attends college.

Children with significant disabilities, however, need continual care, as many of them will never be able to support themselves financially. The child will have to rely on his or her parents for support. In these cases, child support payments may continue for as long as the child is alive.

If the custodial parent believes the amount of child support no longer covers all of the child's special needs, he or she can go back to court for a child support modification to increase the amount. This will ensure both parents equally support the child.

On the other hand, if the costs of the child's care decreases, a modification can also adjust the child support down.

If you have any questions about family law or need legal representation, please contact Allan Brandon Tise PLLC, Attorney at Law , for assistance. We look forward to assisting you with your needs.