Divorce is inherently complex, but the challenges significantly multiply when you are divorcing as a parent of a special needs child. The standard issues of child support, parenting plans, and asset division require careful and specialized consideration to address the unique requirements of a special needs child. The overarching goal in these cases is not just to dissolve a marriage but to see to it that the well-being of the most vulnerable family member is prioritized throughout the process.
This blog post will explore four critical areas that require attention during a divorce involving a special needs child: expenses, long-term financial support, parenting plans, and estate planning. Each plays an important role in securing a stable and supportive future for your child.
Expenses
When it comes to parenting a special needs child, the associated expenses can significantly surpass those of a child without special needs, especially in areas such as medical and therapeutic care. Many special needs children require frequent medical attention, specialized therapies, and treatments not necessary for other children. Depending on the child’s specific conditions, this could include physical therapy, speech therapy, occupational therapy, or even more specialized medical treatments.
In addition to these treatments, many special needs children might require special equipment or adaptive clothing to help them with their daily lives. Special equipment can include wheelchairs, modified vehicles for transportation, special feeding utensils, or customized clothing to accommodate medical devices, each of which comes with a hefty price tag. These items are not one-time costs but may require regular updating or replacement as the child grows or as their needs change.
Given these additional financial burdens, standard child support calculations often fall short of covering the full range of expenses that might be incurred. Recognizing this, courts can grant deviations from the standard child support formulas to reflect better the true cost of raising a special needs child. Parents can present their child’s specific needs during child support proceedings so that these extra expenses are taken into account.
Divorcing parents seeking additional child support for the care of their special needs child will need to provide detailed documentation to the court of past expenditures, estimates for future costs, and possibly expert testimonies about the child’s needs. By doing so, divorcing parents of a special needs child can pursue a support arrangement that more accurately aligns with their child’s living expenses, enabling them to provide the necessary care.
Long-Term Financial Support
Some special needs children require support that will extend well beyond the usual timeframe covered by child support, which typically ends when a child reaches adulthood. These extended needs can include continued medical care and specialized therapies, personal care assistance, and housing. Parents need to consider how to adequately finance these necessities to maintain their child’s financial stability long into the future, maybe even beyond the parents’ lifetimes.
Consulting with a Seattle state family law attorney experienced in handling issues related to divorcing as a parent of a special needs child in Washington state can be very helpful. They can assist in creating a divorce financial plan and, along with it, an estate plan that addresses long-term support, including setting up trusts and considering the need for guardianship arrangements. It’s also important to consider how to maintain eligibility for public benefits, including Social Security and Medicaid, which are both critical for providing ongoing support throughout the child’s life.
By taking these steps in your divorce financial planning, you can help your special needs child receive the support and care they will need throughout their life. This can bring peace of mind for you and security for your child.
Parenting Plans
When a special needs child must transition from a two-parent home to two single-parent homes, many challenges can arise. A well-thought-out parenting plan that addresses your child’s current and future needs, which may extend into adulthood, can help immensely.
A parenting plan for a special needs child should cover your child’s residential schedule (time spent with each parent) and decision-making responsibilities for major issues. It should also detail alternative dispute resolution methods should disputes arise.
Co-parents can negotiate a parenting plan’s terms without mediation or the court system. However, it is recommended that an experienced Seattle family law attorney review your documents before you finalize them or, even better, work with you to create a comprehensive and meaningful plan. With decades of cumulative experience, our attorneys understand potential areas of conflict, especially where special needs children are involved, and can help prevent problems before they arise.
When creating a parenting plan, Washington state courts consider the following factors, always abiding by the overarching principle of what is in the best interests of the child:
- The emotional needs and developmental level of the child.
- The relative strength, nature, and stability of the child’s relationship with each parent.
- Each parent’s history and potential for future involvement in parenting functions, including their level of responsibility for daily needs.
- The child’s relationships with their siblings and other meaningful adults, along with their involvement with their physical surroundings, school, and other activities.
- The agreements between the parties, so long as they were made knowingly and voluntarily.
- The wishes of the parents and those of a child who has the maturity to communicate autonomous and thought-out preferences about their residential schedule.
- Each parent’s employment schedule and accommodations.
Just as each family is unique, every parenting plan should be tailored to reflect the diverse traditions and needs of the family. They can include more specific details regarding living arrangements, vacations, school, summer breaks, summer camp, driving, getting piercings or tattoos, extracurricular activities, military service prior to age 18, religious observance, and any other major decisions that may arise between now and adulthood.
When a special needs child is the subject of a parenting plan, considerations tend to be quite specific. Our Seattle team of family law attorneys can refer you to qualified experts who can assist in addressing your child’s unique needs and helping them thrive.
Not all parents of special needs children can reach an amicable agreement. If you and your ex cannot agree on the terms of your parenting plan, your matter will go before a judge. In this scenario, the court will consider your child’s developmental level and emotional needs in its decision.
Estate Planning
Parents of special needs children must make additional considerations when creating their estate plans. Whether their special needs child is a minor or an adult, it is important for parents to know their child will be provided for after they are no longer able to do so due to their own deaths or incapacity.
The requirements of a special needs child will vary based on age, competency, medical needs, and family wishes. With these considerations in mind, the estate plan should aim to provide the best quality of life for the child, make assets last throughout their lifetime, and maximize their eligibility for public services.
Given the complexities around caring for a special needs child and managing that care, it is not enough to list a special needs individual as a beneficiary of a will, life insurance, or other pay-on-death (POD) assets. Instead, one of the most effective means of protecting your special needs child’s interests is to create a special needs trust. An estate planning attorney can guide you based on your child’s needs.
Find a Seattle family law attorney if you are divorcing and are the parent to a child with special needs.
Going through a divorce as the parent of a special needs child requires not only emotional resilience but also the right support from experienced professionals. In these delicate circumstances, having a competent yet empathetic legal team is not just helpful, it is invaluable.
At Elise Buie Law, our team of family law attorneys blend in-depth legal knowledge with compassionate understanding to act not just as representatives but also as allies and advisors. We are dedicated to supporting what is in your child’s best interest and strive to create a framework that not only meets the legal standards but also genuinely supports your child’s development and enhances their quality of life in the long term. To discuss your and your special needs child’s circumstances, call our Seattle office today or schedule a consultation.
