How Does Child Support Work For Children With Special Needs?
When you get divorced and one spouse gets primary custody, that means that the other is likely to have to pay child support. This agreement is supposed to end once the child reaches adulthood, but that can change if the child has special needs. This can change how support is calculated, how long it’s needed for, and more. It can be tough to navigate, but whether you are the supporting spouse or the one receiving support, you should know everything that you can about how to do right by your child with special needs. Our Chatham child support attorneys can help you with that.
Are Special Needs a Factor When the Amount of Child Support is Calculated?
The health of your child is a factor when child support is calculated. A child with special needs, whether that is a physical disability or an intellectual disability, can require more medical care. They can require different types of therapy and medications. You may even need to make modifications to your home in order to support them.
Obviously, this can all get expensive. So if you are the parent paying support, you should not be surprised that your child will need more support than a typical child of their age.
Does a Child With Special Needs Require Support Past the Age of Majority?
Another thing to keep in mind is that while most child support agreements end once a child is considered an adult, that may not be a possibility when a child has special needs. This is because even when they reach the age of majority, 19 in New Jersey, they may still be unable to care for themselves. This can mean that it will be necessary for both parents to support the child for the rest of their lives. They may also need to make arrangements for caring for their child once they both pass away.
Are There Alternatives to Child Support?
In some cases, a child support arrangement ceases to be useful here. It may be worthwhile to explore other ways of supporting your special needs child into adulthood. Some people use trusts, which have specific rules that can allow you to support your child without jeopardizing any support they would get from benefits. People with special needs can be reliant on benefits like Supplemental Security Income, and parents can find ways to support their children without the state cutting them off from such benefits.
Contact Our Family Attorneys
If you have a child with special needs, make sure that the agreement to provide child support is fair. Contact Lazor Rantas, PC and tell us more about your concerns. If there is a way to better protect your child, we can help you find it.
