Getting divorced is complex and emotional for everyone involved. There are various decisions to make regarding dividing assets, alimony, and child custody arrangements. Child support is an important factor that needs to be considered, particularly when the parents share a child with special needs. Contact a Union County child support attorney to learn more about your parental rights during custody and support deliberations.
What Is Considered Special Needs?
Any child with a mental or physical disability could be considered special needs. This could include autism, learning disabilities, behavioral disorders, sensory processing disorders, ADHD, visual impairment, hearing loss, speech disorders, down syndrome, epilepsy, muscular dystrophy, and more. The following are considered special needs that a child with a disability may require.
- Specialized therapy including physical therapy, speech therapy, occupational therapy, etc.
- Specialized equipment like wheelchairs, prosthetic devices, etc.
- Frequent medical treatment and care including surgeries, check-ups, medication, and more
- Unique dietary needs
- Educational expenses including tuition, transportation, tutors, and more
- Home or automobile renovations/customizations like installing ramps, lifts, accessible bathrooms, etc.
- IEPs (Individual Education Plans)
If your child requires any of the above they may be considered a special needs child. Child support payments will reflect this status.
Is Child Support Different For Special Needs Children?
While the details and amount of child support may vary, the arrangement for a special needs child is largely the same as with any child. A court will consider what it costs to raise the child compared to each parent’s income. Because some disabled children require medical and educational care that is significantly more expensive than standard care the cost of child support will likely be higher.
The custodial parent of a special needs child may not be able to work full time or may have a lower earning capacity depending on the extent of the child’s needs. In this case, the amount owed by the noncustodial parent will be significantly higher than if the child was more independent.
How Long Does Child Support Last?
In New Jersey, a paying parent’s obligation to pay child support generally ends on the child’s 19th birthday. However, the date may be extended under certain circumstances. If the child is in high school, full-time college, graduate school, vocational school, or is disabled, the noncustodial parent may be required to continue payments until the child turns 23 years old.
If the child has a severe mental or physical disability that prevents them from becoming independent the court may extend financial obligations even past the age of 23. The payments may evolve into “financial support” as opposed to child support, but they will work in essentially the same way.
Speak to a Skilled New Jersey Lawyer
Navigating the legal system and child support can be complex and overwhelming. An experienced lawyer can help guide you through the process and ensure your and your child’s rights are protected. Contact an attorney at Ross & Calandrillo, LLC to discuss your situation today.
