Divorce, Financial Matters, And Your Special Needs Child

1 March 2022
 Categories: Law, Blog


Divorce can be stressful for everyone and especially children. A child with special needs may be confused and upset when their parents part ways. Raising a special needs child is very expensive and the financial aspects of the divorce call for some unique measures. Read on and learn more.

Parenting Expenses

The cost of raising a child is not just a burden for one parent and should be borne by both parents. Special needs children tend to require a higher level of financial consideration. Children with special needs may require medical care, physical therapy, special equipment and adaptive aids, special education, and more. Often these needs continue long after the child becomes an adult. While the family courts are geared toward doing what is best for the children of divorce, family court judges need to be informed when the case pertains to a special needs child.

Divorce Ramifications  

It's important that you find a divorce lawyer familiar with the unique financial challenges of caring for a child with special needs. Child support, spousal support, debts, and assets will all be affected by this issue, and taking the child into consideration from the beginning is key to protecting your financial interests. In many cases, child custody and visitation also require special consideration, particularly if the other parent is asking for custody of the child.

Working Things Out

As much as possible, parents are encouraged to agree on certain important divorce issues among themselves. The judge, though they may be a good person, doesn't know you or your child. Fortunately, much work can be done behind the scenes to settle the divorce before it hits the court system. Prior to any courtroom hearings, the following measures may be undertaken by your divorce lawyer as preparation for the divorce:

  1. Let the judge know the divorce involves a special needs child.
  2. Ask the judge to deviate from the state guidelines for child support based on the child's unique financial needs.
  3. Request that the child be protected from the divorce by excluding them from having to undergo court-ordered evaluations and child studies.
  4. Submit to the court reports detailing the child's history of medical tests, school IEPs, and more.
  5. Create a report explaining the spouse's contribution to the care of the child and their ability to care for the child in the future.
  6. Set forth the special financial concerns of caring for the child.

Your child needs more financial resources to thrive and be content. Talk to a divorce lawyer that understands what that means to your divorce as soon as possible. 

To learn more, contact a company like Reisinger Booth & Associates.