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 special needs children, you may need to spend more to make sure that they have everything that they require. You also have to think about what kind of support could be necessary in the future. Our Morristown child support attorneys can help you consider your options.
Can Child Support Payments Be Higher for Special Needs Children?
When you make child support payments, you are helping the custodial parent pay for basic necessities. Kids need food, medical care, and clothing. Special needs children obviously require these things as well, but their expenses could be even higher. They could need more medical care or require certain medical devices or equipment to get around. They could need tutoring or enrollment in special programs that can help them learn at their own pace.
As a result, child support payments could be higher when you have special needs children. It’s your responsibility to provide for them even when that means that extra expenses are involved.
Can Special Needs Children Get Support Past Their 19th Birthday?
In many cases, a child support agreement for special needs children will have to extend past the age of 19, the age of majority in New Jersey. Usually, a child reaching the age of 19 would mark the end of a child support agreement unless the child is pursuing an educational opportunity. Special needs children can require support past that age whether or not they enroll in additional schooling.
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. These payments are court-ordered, but they can be harder to enforce than child support payments if the payor is not cooperative.
What Are Some Ways to Support Adult Children with Special Needs?
There are also other options for supporting your adult children if they have special needs. 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.
This can allow them to claim benefits that would help them pay for living and healthcare expenses. SSI, Medicaid, and other benefits have strict income requirements. If you just give your child money, that can be counted against them. A special needs trust allows you to provide for them without jeopardizing their access to government benefits that can make a huge difference in their lives.
Talk to a Family Lawyer
If you are trying to work out a fair child support agreement, our lawyers can help. Contact Lazor Rantas, PC and tell us more about the issues you’re facing. We can help you figure out the best way to support your children for as long as they need your assistance.
