Divorce & Child Support for Special Needs Children

Divorce and Child Support: Planning for Special Needs Children in California

Divorce is an emotionally and financially challenging experience, but it can be even more daunting for parents with a special needs child. California child support typically ends when a child reaches 18 or graduates high school. However, for children with special needs who require lifelong care, this may not be the case.

The Importance of Planning for Your Child’s Future

Planning for your special needs child’s future well-being and financial security can feel overwhelming. The primary custodial parent often shoulders a significant financial burden for ongoing medical care, therapy, medication, and specialized equipment. When requesting child support, it’s crucial to consider your child’s long-term needs and the associated costs.

Reaching an Agreement vs. Court-Ordered Support

While an agreement between divorcing parents regarding special needs child support is ideal, it’s not always achievable. In such cases, the custodial parent can file a request for the court to establish a fair and appropriate child support order.

California Adult Child Support for Special Needs

California law allows parents to continue financially supporting their adult children under specific circumstances. Here’s how it applies to special needs children:

Needy Incapacitated Child: The adult child has a mental or physical disability preventing them from working and living independently. Proof of the disability and its impact on earning capacity is required.
Agreement for Continued Support: Both parents agree to continue providing financial support for the adult child.

Navigating the Legal Complexities

Special needs child support cases often involve complexities. Here’s what to expect:

Medical and Earning Capacity Experts: Courts may require evaluations from medical professionals and vocational experts to assess the child’s disability and future earning potential.
Contentious Cases: These cases can be emotionally charged due to the nature of the disability. An experienced family law attorney can help navigate these complexities.
Unique Circumstances: Each case requires a thorough analysis of the specific facts and individual needs of the child.

Further Reading » Divorce and Legal Separation: Types of Court Hearings

Beyond Legal Guidance: Financial Planning Resources

While legal guidance is essential, here are some resources to help with financial planning for your special needs child:

Social Security Administration (SSA): Provides benefits programs for individuals with disabilities.
The Arc National: Offers resources and information for families with special needs children.

We Understand the Challenges

Divorce is a difficult process, and facing it with a special needs child adds another layer of complexity. The compassionate and experienced family law team at Naimish & Lewis can guide you through the legal aspects of child support and other divorce-related matters involving children.

Schedule a Consultation Today

Our family law team at Naimish & Lewis can advise you on questions related to adult child support and other dissolution and divorce related matters involving children. To schedule an initial consultation with an attorney at our firm, please contact us.

Naimish & Lewis, APC

At Naimish & Lewis, we have a friendly, professional problem-solving approach. We work toward settlement of your issues with balanced, aggressive litigation skills to handle each of your unique law needs. You can be assured you’ll receive professional and competent representation.