How Is Divorce with a Special Needs Child Different?

 Posted on December 00, 0000 in Family Law

Although divorce is rarely easy, divorcing parents of a special needs child have even more decisions to make during the allocation of parental responsibilities and parenting time, as well as when determining child support. A special needs child could have physical or developmental disabilities or other life-changing medical conditions.

The needs of the child will, by necessity, impact virtually every aspect of a couple’s divorce. If you are the parent of a special needs child who is facing divorce, it is important that you have an experienced St. Charles, IL family law attorney to guide you through the process.  

What Areas of Divorce Are Impacted by a Special Needs Child?

Parents of special needs children understand that the needs of the child alter virtually every aspect of their lives. When a divorce occurs, it is no surprise that the needs of the child change almost every aspect of the divorce – often in unexpected ways. The primary ways a divorce will be impacted by a special needs child include:

Property Division

Illinois is an equitable distribution state when it comes to the division of marital assets and debts. Unlike community property states, where marital assets are split right down the middle, regardless of any extenuating circumstances, in an equitable distribution state, marital assets are split fairly, although not necessarily equally. Deciding who will remain in the family home, determining the division of financial assets, and making similar decisions requires more long-term planning when there is a special needs child to consider.

Child Support

At the time of the divorce, both parents undoubtedly know how expensive it can be to care for a special needs child. Since both parents have a legal obligation to financially support minor children – and adult children in certain situations – the obligation to support a special needs child begins with child support.

Under Illinois law, the parents’ obligation to provide financial support takes into consideration their respective abilities to pay. Caring for a special needs child entails much more than a home, clothing, and food. Some parents may consider establishing a special needs trust to prepare for the child’s future financial needs.

Child-Related Expenses Not Covered by Child Support

Extra expenses related to a special needs child may not be covered under child support but may be negotiated outside of child support. If a special needs child has constant medical expenses, these will need to be addressed during the divorce to determine how the parents will split these expenses.

A special needs child may require educational opportunities that exceed the cost of public school, and these costs must also be split between the parents. If the special needs child is close to being an adult, the parents may need to determine how they will continue to support the child financially while still taking advantage of governmental programs.  

Parenting Time

All parenting time and allocations of parental responsibilities are made with the child’s best interests in mind. Although co-parenting does not work in all situations, it is worth considering when there is a special needs child who will benefit from both parents jointly participating in his or her life. This parenting arrangement can divide the often-heavy burden associated with caring for a special needs child between the parents, making it more manageable.  

Spousal Support

While spousal support is usually reserved for a long-term marriage or a marriage in which one spouse may have given up educational or career opportunities to help the other, the costs of caring for a special needs child can add to the financial challenges of the lower-earning spouse.

Depending on the level of care the child requires, one spouse may be unable to work outside the home because of his or her caretaking responsibilities. The higher-earning spouse may need to pay spousal support to partially compensate for the other spouse’s lack of salary due to caretaking.

Contact a Kane County, IL Divorce Lawyer

If you have a special needs child, a St. Charles, IL divorce attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you sort through all the additional issues. MKFM Law serves clients at its offices in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 to schedule your initial attorney meeting.