Divorcing with a special needs child is incredibly challenging and requires careful planning and consideration to ensure the well-being of your child.
While each situation is unique, the potential considerations below can offer some clarity about what to prioritize if your divorce involves a child with special needs. Addressing them in your divorce can facilitate continued health and happiness for the child and peace of mind for the parents.
1. Shared child-related expenses
All children can have unexpected needs and expenses occasionally, especially those with a disability or unpredictable medical condition.
These costs may go beyond what child support covers and might include treatments, therapy sessions, special education and adaptive equipment. It serves everyone’s best interests for parents to create a comprehensive financial plan that addresses these ongoing needs.
2. Legal custody decisions
Legal child custody is the right to make important decisions (medical, educational, etc.) for a child of divorce.
New Jersey courts often grant shared legal custody to parents. However, for special needs children, it might make better sense for one parent to hold legal custody. Discuss your specific circumstances with someone who understands custody laws when making this crucial decision.
3. Child support matters
Child support for someone with special needs may need to be higher than for other children due to the additional costs associated with their care.
Although state child support guidelines account for a child’s needs, making a persuasive case can help ensure the custodial parent receives enough to cover the child’s needs and requirements.
Remember to plan for the future in your child-related arrangements, as many special needs children require support permanently or into adulthood.
