Divorce is a complicated process, and the complications multiply when children with special needs are involved. Parents in New Jersey and New York who find themselves in this situation must deal with the emotional turmoil and the unique legal and financial challenges that arise. The following article aims to shed light on these issues, providing parents with a road map to meet their special needs children’s best interests.
Understanding Child Support and State Aid
Child and spousal support can have an impact on the state benefits that a special needs child receives in New Jersey and New York because these benefits are calculated based on the child’s income and resources. To get around this, families can set up a special needs trust. This legal tool holds assets for a person with disabilities, safeguarding their eligibility for programs like Medicaid and Supplemental Security Income. By directing support payments into the trust, these funds are not counted as the child’s income, thereby protecting their state aid.
A special needs trust, however, is not the only option. Families can also structure child support payments so that they have the least impact on state aid, or they can use these payments directly for services not covered by state aid. When going through a divorce, it is critical to have a divorce attorney experienced with such issues to include the proper language and guide you to other legal professionals they work with who are experienced in special needs planning to determine the best approach for your situation. You wouldn’t want your doctor to perform specialized surgery without a team of specialists. At HD Family Law, we take a client-centered holistic approach to Family Law and collaborate with some of the most experienced special needs and trusts and estates attorneys on such cases so we can ensure our clients and their special needs children are financially secure even after divorce!
Duration of Child Support
The presence of a special needs child may also affect the duration of child support payments. Child support is typically terminated when the child reaches the age of majority, which is 19 years old in New Jersey and 21 years old in New York (up to 23 years old in both states if the child is a full-time student in College/post-secondary School). However, Financial support for the child may continue past this age in New Jersey and New York for children who are “unemancipated,” which can include those with physical or mental disabilities.
When deciding whether to extend child support, the courts will consider several factors, including the child’s needs, the parent’s ability to pay, and other resources to meet the child’s needs. It should be noted that this is a complicated area of law, and the specifics can vary from case to case. Again, it is all the more important to have an attorney on your side with extensive experience in such matters.
Custody and Parenting Time
Custody and parenting time for special needs children require special considerations, such as potential home accommodations and parental commitment to therapies and activities. While joint custody is frequently preferred, it may not be feasible or in the child’s best interests if one parent denies the child’s needs or opposes professional recommendations. In such cases, the court may prefer sole custody. The ultimate goal is to ensure that both parents are committed to parenting in the best interests of their children, meeting their individual needs, and cooperating with one another.
Legal Considerations in New Jersey and New York
Child support calculation, extension, and custody decisions are all covered by specific laws in New Jersey and New York affecting divorce with special needs children. For example, when determining child support in New York, the courts may take into account the child’s special needs. Support can be continued in New Jersey for an unemancipated child who is unable to support themselves due to a physical or mental condition. In both states, the child’s continued state and federal funding may be impacted by the outcome of the divorce.
Navigating a divorce with a special needs child can be a difficult journey. However, with an attorney representing you who thoroughly understands your case’s unique legal and financial considerations, you can ensure the best possible outcome for your child. Our team at HD Family Law has the knowledge, experience, and team to help you navigate divorce with a special needs child. Contact us today to discuss the specifics of your case and learn how we can help you.
