If you are parent of a child with special needs, you know they require more attention and care than children without. This can put a definite strain on a relationship, and sometimes, the strain results in a parent filing for divorce. If you are the parent who provides most of the day-to-day care of the child, the standard assumption of parenting time may not be the best fit for your child. Likewise, the standard calculation for child support and alimony also may not be sufficient.
When deciding custody and support on a case that involves a divorce with children with special needs, a court may look more in depth at certain details than it normally would when making its decision. The court will consider factors such as what the child’s routine is, what equipment the child requires and how difficult the transportation of all of those necessities is. Also, what are the medical needs and who is more responsible for providing that care- both physically and financially.
It is important to be prepared to submit mental and evaluations, documentation of diagnoses, hospital reports, medical bills, transportation expenses, education expenses, and the cost of day-to-day necessities for caring for the child so the court is better able to determine what the child’s true cost of care is.
Divorces with children with special needs require the court to take a closer look at the situation to make a ruling that provides the child and his or her primary caregiver with the support they need to care for the child. Contact our office today to discuss how we can best assist you.
Our Areas of Practice
Adult Child Support
Assisted Reproduction Technology Litigation
Child Custody and Visitation
Child Custody Mediations
Child Support Arrearage
Domestic Partnership Dissolution
Enforcement (or Set-Aside) of Pre-Marital and Post-Marital Agreements
Establishing Paternity or Maternity
Family Law Coaching
Gender and Name Changes
High Asset Divorce
Independent Legal Advice
Judgment Set Aside
Non-Marital Relationship Dissolution