Divorce is hard enough with juggling the needs of your children. When you have a special needs child (or children), the challenges increase exponentially. Not only do you have to worry about their immediate health and wellness, you also have to plan for their future. If you are considering divorce or separation and have a special needs child, let your New Jersey divorce lawyer know. Due to the unique circumstances surrounding you and your child, making your lawyer aware of it will help when tailoring custody and support plans.
Key Takeaways
- Tailor custody plans to accommodate the child’s unique needs, ensuring stability and minimizing disruptions. Consider the primary caregiver’s role and the need for flexible parenting schedules.
- Standard support may not cover all expenses for special needs children. Negotiate adjustments for medical, educational, and long-term care needs, and consider extended support beyond age 18.
- Use special needs trusts to protect eligibility for government benefits and plan for lifelong care through guardianship and estate planning.
Keep Finances and Legal Expenses in Mind
Special needs children often need medical care, medications, and interventions to ensure they have a good quality of life. If you happen to be the child’s primary caretaker and devote most of your time to their care, then you may be unable to support yourself should you divorce your spouse.
Knowing how your work and life will be impacted should you separate or get divorced is crucial. New Jersey does not take special needs children into consideration when deciding on child support. This means that support could end at 18 or 19, regardless of the health or mental capabilities of the child.
Furthermore, child support payments may impact your ability to collect SSI and Medicaid assistance for your child. A lawyer can help you decide how to better allocate support for you child. For example, you may opt to have a portion of the child support sent to a trust.
Child Custody in Special Needs Cases
Custody arrangements involving special needs children often require more customized solutions than standard arrangements. The child’s physical, emotional, and medical needs may demand a level of care that influences custody decisions, such as:
- Primary Caregiver Role: Courts may place significant weight on which parent has been the primary caregiver, especially if one parent has been more involved in the child’s day-to-day medical and educational needs. The court will evaluate the parent’s ability to continue providing for the child’s ongoing care.
- Parenting Time Flexibility: Special needs children often have therapy sessions, medical appointments, and a daily routine that can be disrupted by standard visitation schedules. Furthermore, such disruptions in routine can be stressful for the child. Custody plans may need to provide more flexibility and stability for the child, ensuring minimal disruption to their specialized care.
- Co-Parenting and Communication: Effective co-parenting and communication are crucial in these cases. Parents may need to work together closely to manage the child’s health care, schooling, and any necessary accommodations. Courts will consider each parent’s willingness and ability to cooperate for the benefit of the child.
Child Support for Special Needs Children
As mentioned previously, New Jersey does not take special needs into consideration when crafting a child support order. As such, child support calculations often fall short of covering the needs of a child with special requirements. This can be taxing for both parents, especially when the primary caregiver needs support to cover medical expenses.
It is possible to come to an agreement that is more tailored to your special needs child outside of court. Meet with your lawyer and your spouse and go over what you think will be needed in child support to assist with caring for your special needs child. It is very important to make such needs known.
Here are some things to keep in mind:
- Medical Expenses: Ongoing medical care, including surgeries, medications, therapies, and specialized equipment, can significantly increase the financial burden on parents. Child support can be adjusted to cover these extra costs.
- Educational Needs: Special needs children often require individualized education programs (IEPs) and may attend private schools or receive tutoring that requires additional funding. Child support can be modified to account for educational expenses related to the child’s disability.
- Extended Support Beyond Age 18: Unlike typical child support, which usually ends when the child turns 18 or graduates from high school, support for special needs children may continue indefinitely. If the child’s condition prevents them from becoming self-sufficient, courts may order that support be extended into adulthood.
Consider Long-Term Financial Planning
Special needs children often become adults that require special care as well. As such, you must also consider the long-term so that your child’s future is secure. When going through the divorce procedure, you may also consider talking to your legal advocate about special needs trusts and estate planning. To preserve a child’s eligibility for government benefits, such as Medicaid or Supplemental Security Income (SSI), a special needs trust can be established. These trusts allow parents to set aside funds for their child’s future care without jeopardizing benefits.
Furthermore, if your child with special needs requires lifelong care, you can establish guardianship for when your child turns 18. A legal guardian can be appointed to manage medical, financial, and personal decisions for the child into adulthood. In the event something happens to the guardian or yourself, make an estate plan that includes trustees, executors, power of attorney agents and guardians who can assist your special needs child.
Contact a New Jersey Divorce Lawyer Today for Help
Divorcing with special needs children in New Jersey presents unique challenges, but you don’t have to navigate the process alone. The experienced family law attorneys at Ziegler Law Group, LLC understand the complexities of special needs cases and are committed to helping families secure the best possible outcomes for their children. We can help you create a customized custody and support plan that addresses your child’s specific requirements and ensures their long-term well-being.
Contact us today at 973-533-1100 or fill out our online contact form to schedule a consultation. Let us help you protect your child’s future during this challenging time.
