Special Needs Children – Special Divorce Considerations

It is estimated that the divorce rate for parents with special needs children is between 80% to 90%, a staggering number.  Under the best of circumstances, divorce, when it involves children, is complicated.  However, when it involves children with special needs, the situation becomes even more difficult.  For example, one  major concern is whether or not a special needs child will require government benefits such as Medicaid and Social Security.   And, if the child does require government assistance, what must be done in order for him to qualify?  For one thing, establishing a special needs trust to manage child support payments may have to be incorporated into the divorce agreement.  Similarly, alimony for the custodial parent, and how it will impact eligibility for government assistance, must be carefully assessed.  Other unique issues must also be considered including planning for adulthood (if the child will always have special needs) and long term care options if the custodial parent becomes disabled or dies.  Having a divorce attorney team with an estate planning attorney proficient in special needs issues may help insure that matters concerning special needs children are fully addressed.

Getting Legal Help

If you would like more information about special needs children and issues pertaining to divorce, contact estate planning attorney, Elga Goodman.  Ms. Goodman can be reached at 973-841-5111.

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