Many couples remain in troubled marriages far longer than advisable, simply because they fear the impact of a bitter divorce on their special needs children. Although understandable, this approach arguably puts these children through even more grief. Keep reading to learn more about special considerations in special needs divorces:
Visitation: Minimizing Adjustments
Many families schedule
visitation every weekend or every other weekend. This approach can be problematic
for parents with special needs children, as they struggle with constant
changes in environment. These children may need to spend more time with
the primary custodian, with the other parent perhaps visiting the child
at his or her permanent residence. If visitation occurs in a separate
environment, the non-custodial parent should maintain the child’s
routine, as significant disruptions can cause undue stress.
Consider Benefit Eligibility
Child support negotiations prove simpler than many parents anticipate, thanks to charts
and algorithms applied across the board to all dissolution cases. Unfortunately,
typical child support and alimony charts fail to take benefit eligibility
into account. Custodial parents who receive direct child support payments
may struggle to retain eligibility for means-tested benefits, such as
Medicaid or Supplemental Security Income. An attorney with experience
in both divorce and special needs law can better determine how a particular
arrangement will impact eligibility.
Related video:
Child Support: Providing For Extra Care
Caring for special needs children can prove exceptionally costly; while
the U.S. Department of Agriculture estimates a total cost of $240,000
for raising children until age eighteen, those expenses may quadruple
for those with significant impairments. Camps and activities that may
be considered ‘extra’ for other children could be deemed necessary
care for special needs children.
Mediation and collaboration allow parents to work creatively to arrive at an acceptable
financial solution in which both parents contribute to ongoing childcare needs.
Parenting Doesn’t End At Age 18
Some parents can cut their kids loose at 18, but special needs children
often require structured care well into adulthood. Parents should work
together to determine how they’ll cover such care when no longer
guided by local legislation—and what will happen when they pass
away. Estate planning is essential, particularly for those who wish to
identify a guardian or set aside necessary funds in a revocable or irrevocable trust.
The right approach can minimize the impact of dissolution on your children. The family law attorneys at DiPietro Family Law Group can help.