The State of Texas – and every state in the nation – requires parents to support their children financially until they are no longer minors. When parents are divorced or aren’t together anymore, this responsibility is addressed through the child support system.
Every child is entitled to care and support, but if you have a child with special needs, the issue is even more pressing, which makes carefully assessing your child’s unique needs critical.
Working closely with an experienced Killeen child support attorney throughout the legal process can make a significant difference in the outcome of your claim, which – in turn – can make a significant difference in your child’s life.
The State’s Child Support System
In Texas, child support is generally calculated according to a standard equation, and the noncustodial parent – or the parent with the visitation schedule – typically makes child support payments to the primary custodial parent. Even if you and your ex share parenting time equally, the parent who earns more is likely to have the child support obligation.
Child support is usually ordered as a percentage of the payor’s net income, which is calculated in accordance with the number of children being supported:
For one child, the parent pays 20 percent of the net income.
For two children, the parent pays 25 percent of the net income.
For three children, the parent pays 30 percent of the net income.
For four children, the parent pays 35 percent of the net income.
For five children, the parent pays 40 percent of the net income.
For six or more children, the parent pays at least 40 percent of the net income.
The child support obligation per child ends as each child reaches the age of 18 or graduates from high school – whichever comes later.
However, if you have a child with special needs, the terms of their child support will be based on the degree to which their life is affected by their special needs, and the child support you receive on their behalf is very likely to deviate from the basic requirements set forth here.
Your Child’s Special Needs
The State of Texas identifies children with special needs as those who require substantial care and supervision due to physical or mental disabilities and who – as a result – aren’t capable of caring for and supporting themselves.
For the child support obligation to be affected, the disability must have existed or the cause of the disability must have been known to exist prior to the child’s 18th birthday. Under these circumstances, the court has the discretion necessary to order ongoing child support with no set end date.
It’s important to note here that while a serious medical condition can support a finding of special needs, it doesn’t always lead to this outcome. The court will only make a special needs determination if the condition requires substantial care and leaves the child incapable of caring for and supporting himself or herself.
Consult with a child support attorney to determine if your child is likely to qualify for increased or extended child support due to special needs.
The Best Interests of Your Children
Child support in the State of Texas is intended to support the children’s best interests, and as such, the following kinds of factors play a role:
The children’s needs, including any special needs
The cost of health insurance for the children and who pays for it
The out-of-pocket expenses for the children’s physical and mental health care
Each parent’s income
Each parent’s level of education
Each parent’s age and overall health
Any extraordinary expenses experienced by either spouse
The cost of daycare for the children
The cost of travel and transportation for visitation with the children
When a child has special needs, the overall cost of supporting them can be significantly higher than it is for other children, and Texas courts take this fact into careful consideration.
The Goal of Child Support
Child support is intended to afford the primary custodial parent the financial means necessary to continue raising and providing for the children until they become young adults who are ready to embark on their own autonomous lives. Child support is intended to address each of the following needs:
Providing the children with a home
Feeding the children nutritious meals
Obtaining the medical care the children need to live healthy lives
Addressing the children’s daycare needs
Purchasing the clothing, school supplies, and other necessities that the children require
This list could go on and on – there is no denying that raising children is an expensive proposition. However, children with special needs have more significant needs, which are often far more costly. If this is the situation you find yourself in, the child support you receive should reflect the unique circumstances of your case.
Contact a child support attorney to get the financial support you need.
The Factors the Court Will Consider in Relation to Your Child with Special Needs
When determining whether child support for a child with special needs should extend beyond the usual cutoff requirements of turning 18 or graduating from high school, Texas courts take factors like the following into careful consideration:
Your child’s abilities, which relate to cognitive, physical, and emotional strengths and weaknesses
The cost of addressing your child’s healthcare needs, including in relation to mental health, speech therapy, physical therapy, occupational therapy, and other types of therapy
Your child’s educational needs and the associated costs
Your child’s limitations in relation to the care, supervision, and attention he or she will require beyond the age of 18
All of these factors will be considered in relation to your and your ex’s financial resources and to each parent’s ability to provide your child with special needs with necessary support.
Child Support and Your Child’s Government Benefits
If you’re going through a divorce that involves a child with special needs, you’re facing a profound transition, and the effects are likely to reverberate into your future in ways you may not have considered. One important consideration that you shouldn’t lose sight of is the governmental benefits your child will likely be entitled to upon turning 18.
If your child’s special needs interfere with his or her ability to be self-sufficient and live independently, your child will almost certainly receive governmental services upon turning 18 – even when living at home with you. If you receive child support, this income will count as your child’s income, which can interfere with your child’s right to governmental benefits, which are based on finances.
Your dedicated Killeen child custody attorney will help you explore your options for continuing to collect child support beyond your child’s 18th birthday. Generally, the answer is setting up a trust on your child’s behalf that these funds will flow into.
The Matter of Alimony
Alimony – or spousal maintenance – is never a given when it comes to divorce in Texas, but if you are the primary custodial parent of a child with special needs, you may be more likely to receive alimony. For example, if the level of care your child requires leaves you unable to work outside the home, alimony may be called for.
Alimony is awarded in Texas divorces when one spouse is left without the means to provide for his or her reasonable needs – in relation to the standard of living achieved during the marriage – while the other has the means to help.
Alimony generally only applies when the marriage lasted at least 10 years, and it’s generally set only for the amount of time the recipient requires to gain greater financial independence through one of the following pursuits:
Further education
Job training
The acquisition of job skills
If you are unable to work or are unable to work full time because of your child’s special needs, the court has the discretion to award alimony accordingly. In fact, alimony is far more likely to be awarded in this situation – when considered appropriate in relation to the specific circumstances involved.
FAQ About Child Support for Children with Special Needs
If you have questions or concerns about child support for a child with special needs, the answers to some of the most frequently asked questions on the topic may help. If you have any additional questions, contact a child support attorney for answers.
How Do I Know If My Child Has Special Needs?
The definition of special needs that Texas courts use for child support determinations is different from the definitions used for Social Security and Medicare.
For children to be identified as having special needs for the purposes of child support, they must be incapable – to a substantial degree – of caring for themselves or of living or working independently due to a medical concern, a cognitive disability, a physical disability, or a mental health issue.
Every case is considered in light of the unique circumstances involved, and there is no one-size-fits-all approach. For example, even if your child has the same diagnosis as another child who doesn’t qualify as having special needs, this doesn’t mean that your child won’t qualify.
Ultimately, Texas courts carefully consider each child’s limitations and how these limitations affect independence and self-sufficiency. Working closely with a trusted Killeen child custody attorney can help ensure that your child with special needs receives the ongoing child support to which he or she is entitled.
How Long Will My Child with Special Needs Receive Child Support?
Child support is generally ordered until children age out at 18 or when they graduate from high school – whichever comes later. If one of your children has special needs, child support can be extended well beyond his or her 18th birthday, and there may not be an end date on the order.
The court will carefully assess your child’s needs and will order child support that is in keeping with these needs.
Can Child Support for a Child with Special Needs Exceed the Court’s Usual Calculations?
The amount of child support you receive for your child with special needs will be calculated in accordance with their needs as well as factors like your and your ex’s earnings and other matters that affect the financial equation.
While child support is generally calculated as a specific percentage of the paying parent’s income, the court has considerably more discretion regarding children with special needs.
What Happens when My Special Needs Child Turns 18?
If your child with special needs continues to experience the same level of need beyond his or her 18th birthday, the child support you receive on their behalf is very likely to continue.
However, when your child begins receiving governmental benefits (which is very common for children over the age of 18 with special needs) the child support you receive will qualify as his or her income. Child support can cause him or her to lose those governmental benefits, which are based on finances. To protect this asset for your child, you’ll likely need to set up a trust.
Is There a Maximum Age for Child Support in Texas?
Children generally age out of child support in the State of Texas when they reach the age of 18 or when they graduate from high school – whichever happens later – but this doesn’t apply to children with special needs. In fact, there is no maximum age for these children when it comes to child support. Every case is considered in relation to the specific circumstances that apply.
Speak with an Experienced Killeen Child Support Attorney Today
Child support plays a critical role in your ability to continue providing for your children post-divorce, and if you have a child with special needs, the matter is that much more important.
Brett Pritchard at the Law Office of Brett H. Pritchard is a compassionate Killeen child support attorney who dedicates his well-respected practice to helping clients like you obtain the child support they need to continue providing for all of their children, and he’s here for you too.
You and your case are important to us, so please don’t wait to contact us online or call us at (254) 781-4222 and schedule a FREE consultation today.