Child Support for Children with Disabilities

 Posted on January 12, 2023 in Child Support

Raising children is no easy task but it can be especially difficult if you have a child with a disability. Sometimes they require supervision 24 hours a day. Physical or cognitive disabilities could mean that a child may need to rely on their parents for the rest of their lives. Fortunately, in Texas, the needs of children and adults with disabilities are recognized and parents can extend child support payments indefinitely.

Modifying Your Child Support Agreement  

Most child support ends when children turn 18 years old or graduate from high school, whichever comes last. Certain child support modifications, however, are allowed in the state of Texas, if the child is disabled and will need financial support into their adult life. For child support to be prolonged the following needs to be true:

• The disabled child requires personal supervision and care due to a mental or physical disability

• The disability existed on or before the child turns 18

Both parents will ultimately share the financial burden of caring for their disabled adult child.             

Financial Sources

The court recognizes that parenting a child with a disability may also require the caretaker to find a job that mirrors school hours and takes into account frequent specialized care visits and therapy appointments. The court will appoint one parent as the guardian. Sometimes this involves physical custody and sometimes a residential facility may be better suited. The sources of income that a parent has at their disposal, including Social Security, Medicare, and Medicaid are all taken into account when setting each parent’s payments.

Under Texas law, a special needs trust could also be set up. This would allow someone with a disability to have money set aside for their care and still be eligible for certain government benefits. It is important to know that to receive Supplemental Social Security Income, assets should be placed into a special needs trust. When the disabled child passes away, the government may need to be reimbursed for the cost of the child’s medical care throughout their life with any funds remaining in the trust.

Contact a Frisco Child Support Lawyer

If you are getting a divorce and have questions about your child support obligation for your disabled child you need a Collin County child support attorney who will review your case and explain your legal options. At The Law Office of Linda Risinger, we can help you understand your legal obligations. Do not hesitate to call 972-294-6533 today for a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm

https://www.texasattorneygeneral.gov/child-support/get-started