When parents of a special needs child decide to dissolve their marriage, issues of child custody and support become significantly more complicated. Understandably, parents want to ensure the well-being and financial security of their loved ones. The calculation of child support is dependent on several factors. It’s important to understand that child support obligations are modified to consider the additional expenses associated with the upbringing of a special needs child to ensure their best interests are met. Please continue reading to learn how child support works for parents of children with special needs in Massachusetts and how a dedicated Bristol County Child Support Lawyer can help you reach a fair resolution.
How Does Child Support Work for Parents of Special Needs Children in Massachusetts?
When the child involved has special needs, it’s possible for the court to impose a support obligation for a duration that extends well after the child has entered adulthood. Generally, any child support order issued by a court will impose the support obligation until the child reaches the age of emancipation or graduates from high school. However, instead of a child support order ending when a child turns 18, a parent can request the other parent to pay child support until the child is at least 23. It’s important to understand that a child must be determined to be either physically or mentally disabled in order for a court to order a parent to provide financial support for a child once they become an adult.
The court has the authority to award a parent additional child support even if that amounts to more than what the guidelines call for, as they recognize the extra expenses associated with raising a special needs child. They often require specialty medical care, equipment, nutritional care, and more. If a special needs child is receiving support, it’s important to understand that the amount they receive can impact their eligibility for government assistance programs such as Medicaid and Supplemental Security Income benefits. A portion of the support they receive can be considered income, and if their income is too high under the limits of the government assistance program, they will be disqualified from receiving certain benefits.
Nevertheless, it’s possible for parents to provide for the child and protect the child’s ability to receive government benefits if the support payments are made to a special needs trust established for the sole benefit of the child. To ensure that your loved one qualifies for government assistance programs into adulthood, it’s in your best interest to enlist the help of an adept Bristol County child support lawyer who can help guide you through the child support process and protect your family’s financial stability. Contact our firm today to learn more about how we can assist you.
