How Does Child Support Work For Special Needs Children?

When you pay child support after a divorce, you are paying to help take care of the basic needs of your children. When you have a child with special needs, your child support payments may be higher due to the additional, specialized needs that your child may have. Additionally, you must consider the possibility of support payments extending into adulthood. Our Morristown child support attorneys can help you consider your options.

How New Jersey Calculates Child Support for Children with Special Needs

It’s necessary to understand that, when calculating child support, New Jersey courts will consider the basic needs of the child, in addition to other functional, medical, and financial circumstances. As such, children with special needs may require additional support each month.

Factors That May Increase Support Beyond Typical Guidelines

Cost of continuing medical care and specialized visits
Therapy services
Assistive technology and medical equipment
Caregiver expenses
Home modifications
Modified transportation
Specialized education programs
Impact on the custodial parent’s ability to work full-time

Can Child Support Be Higher for Special Needs Children?

It’s no secret that children with specialized needs, whether physical, developmental, educational, emotional, or mental, may require additional support each month to ensure that their needs are met.

When Courts May Order Higher Support Payments

When disability-related costs are substantial and recurring
Care needs exceed the child’s basic living needs
The child required reduced caregiver work hours or in-home support services
Specialized programs have been deemed medically necessary

Evidence That Can Be Helpful

Physician or specialist letters
Therapy records
Treatment plans
Bills and invoices showing ongoing care

Does Support for Special Needs Continue Past Age 19 in New Jersey?

Usually, a child reaching the age of 19, which is the age of majority in New Jersey, would mark the end of a child support agreement unless the child is pursuing an educational opportunity under NJ Rev Stat § 2A:17-56.67. However, in many instances, a child with special needs may continue receiving support from the non-custodial parent past their 19th birthday.

When Support Commonly Extends Into Adulthood

The child remains unable to live independently or support themselves
They are unable to obtain full-time employment because of their disability
Ongoing medical treatment and supervision needs continue past age 19
The child requires supportive housing

How Support May Transition After Age 19

In most cases, the “child support” agreement becomes a “financial maintenance” plan that is designed to help your adult child tackle their medical, living, and school expenses. As such, the terms and conditions of the arrangement will be tailored to suit the unique needs of your child.

You should also note that, in some cases, lifelong parental contributions may be required, and future support and guardianship arrangements may be made should a parent predecease their child.

Special Needs Trusts and Other Traditional Child Support Alternatives

There are also other options for supporting your adult children if they have special needs that fall outside of the typical child support categories. One option is a special needs trust. This can allow you and your ex to set aside money for your child that would not be counted among their assets.

Why Families Use Special Needs Trusts

A special needs trust is a type of trust fund you can establish to help provide support for a child with special needs. Because the funds are placed in a trust and not directly gifted to the child, they are not counted as personal assets. This can help ensure that your child remains eligible for necessary support programs like:

Supplemental Security Income (SSI)
Medicaid and waiver services
SNAP benefits
Section 8 housing
Energy assistance

As such, establishing a trust can help you provide financial assistance to your child while ensuring they can still receive government support as necessary

When Trusts or Supplemental Arrangements May Be Appropriate

The child is expected to require lifelong and long-term support
Both parents want to contribute to future care planning
It’s anticipated that the child will rely on federal or state benefits

Risks of Paying Support Directly to an Adult Child

Unfortunately, if you were to pay your adult child directly rather than dispersing funds through a trust, it could be considered income. As such, they may no longer qualify for certain government benefits. However, a trust can help provide stability, protection, and long-term care planning.

Supporting an Adult Child With Special Needs: Important Considerations

As a parent, you may want to do everything in your power to help ensure your child has the financial support necessary, not only to get by, but to thrive. As such, there are a number of important factors you may need to consider when planning for your child’s future.

Issues Families May Need to Plan for

Continued financial support past age 19
Guardianship and decision-making authority
Long-term housing and living arrangements
Care should both parents pass away

When Courts Revisit or Modify Support for Special Needs Children

It’s not uncommon for the needs of your child to change over time, requiring a modification to the current child support orders in place. However, in order for the court to issue a modification, you must show that a substantial change has occurred.

Situations in Which You May Request a Modification

Your child’s medical condition or needs have substantially changed
The cost of therapy or medical care increased
There is a change in a parent’s financial resources or work capacity
The caregiving load between parents has changed

Documentation Courts Commonly Review

Updated physician or developmental evaluations
Treatment plans and medical notes
Functional needs assessment
Medical bills and invoices showing increased costs

Talk to a Family Lawyer

If you are trying to work out a fair child support agreement for a child with special needs in Morris County, Lazor Rantas, PC, is ready to fight for you. We can help you figure out the best way to support your children for as long as they need your assistance. Contact us today to learn more.