Is a special needs child entitled to receive extra child support? What are the best interests of the child?

It is the right of every child to have high-quality, safe and nurturing child care because all child have special needs. However, some children, because of physical or learning disabilities, may require extra support in the child care setting.

Both parents have a legal obligation to support their children until they reach the age of majority or finish high school – under most, but not all circumstances. Issues surrounding financial support can be complicated and will be taken into consideration when determining how long the non-custodial parent must make payments.

When your child has special needs, the amount of child support may be higher and last longer than for a child without special needs; support payments may be required until the child reaches adulthood.

When your child turns to adulthood, the court determines whether or not he or she is disabled for support purposes. If the individual is unable to fully support him or herself due to a physical or mental disability, the non-custodial parent may be ordered to continue payments.

It is important to realize that unlike other child support orders, when there is a special needs child involved, child support for that child may not be terminated when the child reaches 18.

If you are the parent of a special needs child and have questions regarding his or her child support payments, seek the help of an experienced family law & divorce attorney to best guide you in the process and answer any doubts as well as help you ensure what is in the best interest of your child.

Contact the family law offices of Holstrom, Block & Parke. The OC Attorneys to discuss your concerns about your special needs child, and guide you through the child support/ child custody process.