Partner
As a parent of a special needs child, your thoughts probably center around giving your child the life they deserve. But in many cases, stress and disagreements over your child’s needs can contribute to the breakdown of a marriage. According to some surveys, divorce and special needs children often, unfortunately, go hand-in-hand. The divorce rate among parents of children with disabilities can reach up to 87%.
Regardless of the reason, the terms of your divorce should ensure your special needs child has the resources and support they require. Your family lawyer can provide solutions to address your concerns about your child’s future. Here’s what you need to know.
Navigating Divorce With Special Needs Children
As you work with your divorce attorney, you will brainstorm about your child’s needs and how to address them. Every child is unique, and it’s important to consider how your divorce affects them.
Custody and decision making regarding a special needs child can be particularly complicated, but is one of the most important custody cases that an experienced divorce lawyer can handle.
Some or all of the following financial and other considerations might need to be addressed in your divorce:
Child Support/ Adult Dependent Support
New York recently passed legislation that requires parents of children who have certain special needs, including autism and other developmental disabilities, to pay child support, called adult dependent support, from age 21, when children are typically emancipated, until up to age 26. The circumstances of any particular situation are worth exploring further with an experienced divorce attorney as every situation is unique.
Health Insurance
Many families with special needs children rely on health insurance to pay for medical treatment, physical and mental therapy, and durable medical equipment. Consider who will be responsible for securing health insurance for your child and how you and your co-parent will pay for it.
Money for Out-of-Pocket Expenses
Special needs children often have requirements that health insurance will not cover. For example, some children with autism benefit from physical activities.
However, many insurance policies do not pay for sports therapy. Similarly, your child may need tutors to help with learning disabilities. Think about who will pay these costs, as well as how you and your co-parent will choose what to provide your child.
Special Equipment
If your child requires special equipment, such as a van with a wheelchair lift, you should decide whether to:
- Share the equipment and move it with the child
- Buy separate equipment for each parent
- Keep it with one parent and make alternate arrangements for the other parent
Bear in mind that you may need to be flexible in the arrangement as the child’s needs change over time.
Living Arrangements
Some special needs children may be extremely upset with any change in living arrangements. You may need to compromise on who remains in the house and how you will handle moving the child between residences. This challenge can present enormous difficulties and you may need a creative solution to address it.
Childcare
Many special needs children have parents who are always available to the child. However, both parents may need to work after a divorce. As a result, the child may require a friend, relative, or caretaker to watch them while their parents are working.
Consider the arrangements you and your co-parent will need to make to ensure your child has the level of support and care they need.
Finding Solutions to Your Challenges
A divorcing couple will often need to set aside their desires for the best interests of their special needs child. This means the parents must often compromise on the following:
- How long the child spends with each parent
- How much each parent contributes to support the child
- Who lives in the family home and who moves out
- How the parents will make decisions about the child’s care
If both parents are open to putting their differences aside, they can often work with creative lawyers and judges to resolve the issues raised by divorce and special needs children.
Contact a Seasoned Divorce Lawyer Today
When a marriage is irretrievably broken, divorce can provide a solution for both spouses. But they must find a way to cooperate and compromise for the benefit of their special needs child. Contact Aiello & DiFalco, a family law firm in Garden City, New York, to learn how we can guide you through the issues related to divorce and special needs children.