Ending a marriage or relationship that children are a part of is rarely an easy task. A complicated process is made that much more difficult when one of the children involved has a disability. In addition to more immediate issues such as the division of assets and debts, child custody and child support, parents must look far into the future to determine how they can work together to make sure their child is cared for. This is true regardless of what the disability is.
To address child support needs of children with disabilities it is generally a good idea to work with a lawyer who has handled these types of cases in the past. This is because it is more likely that they will be aware of alternate ways to handle the matter. One approach a lawyer who handles divorces involving children with disabilities might suggest is the use of a special needs trust.
There are a variety of reasons why this type of trust might be a good option. The first is that the use of a trust could allow parents to provide for their child while still making it possible for the child to qualify for financial need-based programs that could improve their lives. Also, the utilization of a trust is a way to provide the basics for a child, even when they are adults.
No two divorces are the same. Each couple brings a unique set of circumstances to the process. When those circumstances involve a child with disabilities that individual’s present and future care needs to be given serious consideration. Accordingly most find it beneficial to work with someone familiar with the various approaches that can be taken.
Source: The Huffington Post, “When Parents of a Child With Autism Divorce: Separating Myth From Reality,” Bari Zell Weinberger, Esq., April 4, 2014