Figuring out your child’s best interest in a custody situation can already bring stress and heartache in a contested case. When the child has special needs, the custody process becomes more sensitive. A sad truth in Connecticut is that there is a higher incidence of divorce among parents of children with special needs. This has a lot to do with the extra obligations and responsibilities placed upon the couple to care for their child.
In this blog, we are highlighting our Greenwich office, which is one of five convenient locations. When it comes to handling the complex matters of family law involving special needs children, our experienced Greenwich child custody lawyers can provide compassionate support and guidance. From crafting personalized parenting plans to advocating for the best interests of the child, we are committed to achieving positive outcomes for you. Contact McConnell Family Law Group at (203) 541-5520 for advice and representation that respects the unique needs of your family.
What are Special Needs?
Children are considered to have special needs when they have a mental, physical, or emotional condition that requires assistance in their daily lives. Blindness, deafness, autism, and Down syndrome are common examples of such conditions. Depending on the situation, special-needs children might attend special programs in or out of school that happen during unconventional hours or locations. All cases have unique circumstances to consider before deriving a plan for the child’s growth, education, and socialization. The needs of some children are more profound than others, but none are less important.
In a recent custody case, we represented a client with a child whose special needs focused on the child’s requirement for a gluten-free diet. As caregivers of special needs children know, their children often have special diets that are essential. This can be a challenge. Educating the court (i.e. Judge) why orders regarding special diets are necessary was key to promoting this child’s special needs. Fortunately, the court listened and adopted our suggestions in implementing court orders that included dietary restrictions.
Custody Agreements
In all child custody situations, judges make determinations focusing on the best interests of the child and determining approaches that cause minimum disruption to his or her life. A parenting plan for children with special needs requires a highly customized agreement that is the result of input from professional analysis; primary-care doctors and child psychologists often offer advice during the process. For example, if your ex-spouse keeps the house with a wheelchair ramp for your child with cerebral palsy, that will likely carry considerable weight when the judge is deciding physical custody.
Alimony and Child Support
Spousal support, such as alimony and child support, should also be determined with special considerations in mind. Child support for individuals with special needs may continue until he or she becomes 21, whereas such payments usually end when a child turns 18. Additionally, individuals with special needs are often eligible for means-tested government benefits like Medicaid and Social Security. Support payments from one spouse to another could jeopardize eligibility for these government programs if not structured with that in mind.
Special Needs Child Support Calculations
Child support calculations in Connecticut involve adhering to state guidelines, which account for parent incomes, the number of children, and any extraordinary expenses. For families with special needs children, these calculations can include more than just the standard parameters.
Extraordinary expenses are a critical aspect in calculating child support for special needs children. These may include medical costs, specialized childcare, or necessary educational support tailored to the child’s special needs. The courts recognize such expenses and can include them in the support calculation to address the child’s unique needs.
It’s important for parents to be aware that the standard guidelines might not fully address the unique financial demands of raising special needs children. In some cases, the court may decide to set a child support amount that deviates from these guidelines. This deviation could be influenced by the specific needs of the child and mutual agreements between the parents about what’s best for their child. This judicial discretion means that while the guidelines serve as a crucial reference, the actual support amount may differ to better meet the specific circumstances faced by special needs children.
For parents dealing with child support issues in Connecticut, it’s vital to understand how these factors can affect the support arrangement. This understanding can help in preparing for potential legal discussions or decisions regarding adequate support for their children’s unique circumstances. Contact McConnell Family Law Group today to speak with a Greenwich child custody lawyer and discuss your case.
| Topic | Description |
|---|---|
| Special Needs Definition | Children with mental, physical, or emotional conditions requiring daily assistance, such as blindness, deafness, autism, or Down syndrome. Their needs vary in depth and importance. |
| Custody Cases | Custody cases involving special needs children need customized parenting plans, often with input from professionals like doctors and psychologists, focusing on the child’s best interests and minimal disruption to their life. |
| Alimony and Child Support | Support payments, including alimony and child support, should consider the extended duration of child support for special needs children, typically until age 21. Careful planning is necessary to protect eligibility for government benefits like Medicaid and Social Security. |
2023 Update: Connecticut Extends Age Limit of Child Support for Qualifying Special Needs Children
In 2023, Connecticut made a significant update to its child support laws to better address the needs of special needs children. The state’s existing child support laws, prior to this update, generally terminated child support when a child reached 18 years of age, or 19 if they were still enrolled in high school and 21 for special needs children. However, the 2023 update has extended this age limit for special needs children under certain conditions.
Under the new statute effective October 1, 2023, child support for children with special needs can be continued until the age of 26. This change recognizes that children with special needs may need assistance for an extended duration. To qualify for this extended support, several criteria must be met:
- The child must have a defined intellectual, mental, or physical disability.
- The child must reside with a parent.
- The child should be principally dependent on that parent for maintenance.
For more detailed information and specific guidance, it’s recommended to consult with a Greenwich family law attorney knowledgeable about Connecticut’s child support laws. Contact McConnell Family Law Group today to discuss your specific situation and take the first step toward securing a stable and supportive future for your family.
Get Experienced Legal Guidance at McConnell Family Law Group Today
Just as in marriage, agreeing to a divorce judgment and parenting plan requires compromise and sacrifice in order to accommodate your child or children’s best wishes. If you are seeking a competent legal team with experience handling delicate issues with the special care you and your children need, please consider calling us at (203) 541-5520.
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