Most divorces can be difficult and stressful for every member of the family, but those that involve special needs children often involve their own set of unique complications. Accounting for custody agreements, child support, alimony, and other concerns in divorces with special needs children is often more complex than in divorces with no special needs children. When constructing a divorce settlement with special needs children, it is imperative to make sure that the child’s best interests are considered and that he or she is provided with the full support needed. Additionally, a thorough divorce agreement should plan for the child’s future needs. If you are going through a divorce involving a special needs child, the family law attorneys at the Johnson Law Group are ready to help you develop a strong divorce settlement that meets the needs of your family. Consider contacting our Denver divorce attorneys today at (720) 310-6143 to learn more about including a special needs child in a divorce agreement.
Custody Arrangements in Divorces Involving Special Needs Children
Ideally, both parents will work together to develop a custody arrangement that addresses the needs of their child. This may not always be possible, however, such as when a divorce involves domestic violence. Even in divorces without any type of violence or abuse, both parents often find it difficult to put aside their differences in order to make sure that their child has all the resources he or she deserves. Special needs parents who are going through a divorce should ask the following questions when working towards a custody arrangement:
- Does the child have the mental and emotional capacity to deal with splitting time between two homes? Some special needs children struggle with frequent changes and require more stability than others.
- Will it be safe and feasible to transport the child between the two households?
- Do both parents understand how to care for the child’s needs?
- If the child can handle spending time at each parent’s home, how will the custody be divided?
- If only one parent receives custody, what will the visitation rights be for the other parent?
- How much time will each parent spend caring for the child following the divorce?
Parents have the option to reach an agreement on parenting time and decision-making before going to court, and most do. Where parents cannot agree, the court allocates both under Colorado’s best interests standard, giving paramount consideration to the child’s safety and to the child’s physical, mental, and emotional conditions and needs.
How Does Child Support Work in a Divorce with a Special Needs Child?
Child support in a case involving a child with disabilities works differently from a typical case. In most Colorado cases, child support ends when the youngest child turns nineteen, unless the parents agreed otherwise in writing or the child is still in high school. Where a child is mentally or physically disabled, the court may order support to continue past that point, including payments toward medical expenses or insurance.
Two things about that rule are worth knowing. It is discretionary rather than automatic, so the court decides case by case on the specific facts. And because the statute speaks of support continuing beyond nineteen, raise the question before your child gets there rather than after.
Because these obligations can extend well beyond a typical case, parents navigating the Colorado divorce process with a special needs child often turn to experienced attorneys for legal guidance. The Denver family lawyers at Johnson Law Group help parents document all relevant expenses and negotiate a fair divorce settlement with special needs children. Both the current needs and future needs of the child should be considered when negotiating the settlement.
Spousal Maintenance in Divorces with Special Needs Children
In some divorces with special needs children, the spouse who receives majority custody may need to make lifestyle changes to balance his or her professional life and the obligation to care for the child. Some parents may need to quit their jobs entirely or transition to part-time work, as full-time childcare can be extremely time-consuming. In cases where such circumstances apply, the court may consider these income changes when determining how much spousal support, which is also known as alimony, the other spouse will be obligated to provide.
Planning for the Years After Eighteen
The schedule you agree on now covers a few years. The arrangements that outlast it are the ones worth getting right while you are both still at the table.
Put on paper what care costs now and what it is projected to cost. Name who carries health insurance and what happens if that plan changes or ends. Decide who would take on guardianship or conservatorship if that becomes necessary when your child reaches majority.
A special needs trust often comes up at this point, because how money reaches an adult child can affect what else they qualify for. Raise the support question during the divorce rather than after your child turns nineteen.
Decision-Making Needs Its Own Section
Medical, educational, and therapeutic decisions arise more often here than in a typical case, and each one carries more weight. A plan that says the parents will share decisions leaves too much open.
State plainly whether each category is mutual, split so that one parent holds education and the other holds health care, or assigned to one parent. Then say what happens when you cannot agree, and who has authority in an urgent medical situation when the other parent cannot be reached.
Where a court has found that a parent committed domestic violence, child abuse or neglect, or a sexual assault that resulted in the child’s conception, mutual decision-making is not available over the other parent’s objection unless the court makes specific findings that it can happen safely.
Incorporating a Parenting Plan into a Special Needs Divorce Settlement
Divorcing parents of special needs children should work together to develop a Colorado parenting plan that outlines how the parenting responsibilities will be shared following the divorce. In cases where the parents cannot arrive at an agreement independently, a family law court may institute a parenting plan tailored to what it deems to be the best interests of the child.
Each parenting plan will be different depending on the family’s unique situation. However, several important factors should be included in most parenting plans for special needs children:
- How often the child will visit each parent and when these visits will occur
- Who will have custody of the child during holidays
- Which parent will be responsible for education and healthcare decisions
- Travel guidelines
- Which parent will be in charge of extracurricular activities
- How disputes between the parents will be solved
- Whether each parent’s home will be equipped for the needs of the child
- Which parent lives closer to special needs schools and programs
What Your Agreement Needs to Cover
What makes these cases different is how far ahead the agreement has to reach. Support, insurance, decision-making, and who steps in at majority all need to be settled while both parents are still negotiating rather than litigating.
Schedule a free consultation and we will work through what your family’s agreement needs to cover.