January 21, 2021
No matter the type of family, one thing is common across the board: parents work extraordinarily hard to raise their children in the best way possible. This is especially true for raising a special needs child, where partners face the same pressures of typical parenthood coupled with the challenges of increased medical and educational expenses and other needs.
Separation via divorce or paternity action can also affect the arrangements of providing child support given the circumstances. Fla. Stat. 61.30 states the provision of avenues for parents to ensure the security of the child’s financial needs for the long term. By working with the best attorneys in Jacksonville, you can work to ensure that your child’s needs will be met despite the arrangement following the separation.
Divorce in Jacksonville
When dealing with divorce and being a parent to a child with special needs, you must discuss the full extent of your child’s physical and mental needs with an experienced attorney. This will ensure that the proper calculation and terms for child support are established by both parties.
Different factors, such as the child’s age, may affect the provision of care provided to them after the parents have separated. If you’re confused with how to go about this, then it’s best to approach a reliable divorce attorney near you to clarify the situation.
Documentation of Special Needs
Providing your lawyer with pertinent information and documentation of your child’s special needs is crucial. This should include your child’s diagnosis and prognosis so that your attorney has a clear picture of what is required for a medical expert or physician to testify. Besides medical records, providing documents detailing therapy, school, and medical bills can help your legal counsel put forth a clear and concise argument.
Most child support orders in Florida end when the child reaches eighteen, marries, passes away, or joins the military. However, judges can rule otherwise if significant evidence is presented in the case, allowing child support to continue well into adulthood—especially if the child is determined to remain dependent on their parents after the age of majority. If this is the case for your child, then having an experienced lawyer argue on your behalf is your best shot at being considered for exception!
Limitations of Child Support
Keep in mind that child support doesn’t include any uncovered medical expenses, which can include holistic treatments, over the counter medications, and co-payments for typically healthy children. For special needs children, such expenses can reach exorbitant amounts without coverage from child support. This is where it becomes financially challenging for parents, as these expenses can include required special visits, specialized medical equipment for home or school, private tuition fees, and specialized therapies or other treatments.
Understanding how these costs will affect you, especially in the wake of the divorce, should be discussed with your trusted family law attorney. They should be able to guide you through every step of the process.
Conclusion
While parenting a special needs child comes with its unique challenges, adding the circumstances of parental separation can make it even more difficult. With so many technicalities in the legal separation alone, it can be daunting to settle into an arrangement that works for your former partner and, most importantly, your child.
Working with an experienced family law attorney will allow you to reach an agreement in your child’s interest. Maintaining child support for their special needs is crucial, and securing it is possible with the best legal counsel in the state!
Whether it’s child custody in FL or providing for your special needs child after a divorce, many people can feel devastated and vulnerable. At Dorsey Law JAX, we provide our clients with the best legal advice from attorneys that will stand by their side through this difficult process. If you need an attorney in Jacksonville, reach out to us today!
