What You Need To Know About Paying Child Support For A Special Needs Child
When getting divorced, it is customary for the parent that does not have custody of a child to pay for child support. The amount is decided during the divorce proceedings, and payments usually continue until the child is old enough to legally be considered an adult and can take care of themselves. There are some exceptions though, such as when a child needs additional support because they have special needs. For those parents going through a divorce with a special needs child, be aware of how this changes the needs of child support payments so that you can be prepared.
Each State Has Different Support Obligations
Almost every state has their own laws that require continued child support payments for children who have disabilities. In most states, it is required for a child that has intellectual, physical, or mental disabilities that make them not able to take care of themselves.
For instance, Indiana has laws that say child support will continue until they are 19 years old, after which it could continue indefinitely if they are considered incapacitated. Meanwhile, a state like Michigan will only continue child support payments beyond 19 ½ if both parents agree to it.
Another consideration the court factors in is if the non-custodian parent is able to continue paying child support after the required timeframe. A judge may decide to lower or terminate child support payments if a child becomes eligible for government assistance that covers part or all of their additional expenses.
The age that the disability occurs also will factor into child support payments. If it happened while the child was under the age of majority, child support payments could be required after they reach that age. While most states have the cutoff at 18 years old, states like Mississippi consider a child an adult after they become 21 years old.
Negotiating Child Support
It can be difficult to negotiate what kind of child support will be necessary for a special needs child, because you are unaware of what kind of needs the child will have down the road and what the parent who has custody will be capable of providing. It's always a good idea to make the child support based on their current needs, but understand that this can change later and that it may need to be adjusted.
For help with negotiating, it is recommended that you work with a lawyer that has experience with determining child support payments in cases like these with a special needs child. Contact an attorney like Law Office of Jared T. Amos for more information.