How Does Child Support Work for Parents of Children With Special Needs?

Having a child with special needs can require a lot of extra planning just to get daily activities accomplished. When life brings major changes, like divorce, the additional planning needed to move forward can feel overwhelming.

Child support for the average child usually ends at age 18, but for children who may never earn their own income, ending support at 18 may be unrealistic. Divorcing parents of special needs children must look far into the future to provide for their child. Each family’s situation is different, and some kids have greater care needs than others.

With planning, it is possible to divorce and still provide your special needs child with a stable home and the resources they need to thrive.

What Is Child Support Intended to Cover?

Child support is financial support from the non-custodial parent that contributes to the overall needs of a minor child. Those needs include:

• Housing
• Food
• Education
• Clothing
• Special activities
• Medical care

For a special needs child, other essentials can include adaptive furniture, specialized automobiles, accessibility modifications to a home, in-home nursing care, and a variety of therapies. If one parent is the full-time caretaker of an incapacitated child, that parent will likely be unable to earn any income to help support the household.

The state of Michigan determines which parent pays support based on several factors, including each parent’s income and which parent the child spends more nights a year with. The paying parent’s financial obligations include base support, medical support, and childcare expenses.

These expenses can be much higher than average for a child with special needs. Regardless of government or other financial aid assistance the child receives, you can expect the child support order to reflect the higher costs.

When Does Child Support End for Special Needs Children?

Depending on the child’s disability, they may or may not be able to support themselves when they become an adult. Normally, financial support ends when the child turns 18 and becomes a legal adult or when they complete their secondary education.

Children with serious disabilities may require ongoing care for the rest of their lives. In that case, the supporting parent may be required to continue paying support for as long as it is needed.

What if the Child’s Needs Change?

It is possible to have a child support agreement modified. If your special needs child requires more or less care as they grow, the non-custodial parent can apply for a modification.

Verbal agreements between parents are not considered legal or binding. If you wish to change the amount of child support you pay, it is crucial to go through the correct legal channels. Failure to do so can result in serious legal and financial consequences, including income withholding, property liens, income tax refund seizure, and more.

Seek Legal Counsel for Long-Term Child Support Planning

The responsibility to provide for your children doesn’t change because you’re getting divorced. Call Gucciardo Family Law today and apply for a free 30-minute consultation about child support planning for your special needs child.