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The Siemon Law Firm PC

11/29/2017 | News release | Distributed by Public on 11/29/2017 14:09

A few things to consider about divorce and special needs children

As the parent of a special needs child in Cummings, you are probably no stranger to putting his or her needs above your own. When it comes to divorce, you may think that you should place your own interests first because you intend to be the primary provider and caregiver for your child. However, this is a situation where the stakes are even higher. Even though your marriage to the other parent is ending, you are irrevocably bound together for the health and well-being of your child.

Divorces where there are children with special needs involved require special considerations. It is important for you to communicate with your soon-to-be ex-partner and plan your next steps carefully to minimize the impact of your separation on your child. Here are some things to consider about divorce and special needs children.

Child's functional and medical needs

You may be concerned about your child's needs now, but what about future and life-long needs? Think about how care requirements may change as he or she gets older. You should also consider the event of your child growing up without you and the other parent due to an untimely illness or accident, and the resulting potential for financial and guardianship issues.

Special needs trust

This option may provide important long-term solutions. No matter what you and your spouse agree on for child support and what the courts rule, all proceeds are paid into a special needs trust. There are specific rules regarding special needs trusts and child support payments that you and your partner must consider to prevent issues.

Public benefits

Special needs children require more financial support and care throughout their lives. You may think that by asking for the maximum in child support you are catering to those needs. But your request may make your child ineligible for public benefits that can help make the cost of raising and caring for him or her more manageable.

You must think about how your child will react to any changes from normal routines. Try to plan out as much of your divorce as possible to minimize its impact on his or her fragile health and well-being.