Parents find that due to any number of conditions, their particular child requires special care and attention. While these disabilities may not limit the potential of a child and undoubtedly not limit the love of the parents, they may require extra focus, particularly after a divorce.

Your special one’s needs must be kept in mind after your divorce. This would include finding ways to ensure continued care for your child should you and your partner pass away.

The way you structure your child’s settlement and other forms of financial assistance can significantly affect his or her eligibility for public benefits.

Additionally, certain laws require parents to be financially responsible for some disabled children, who ensure that the financial resources of an adult can also be partially attributed to a child and affect the eligibility of the child for public benefits.

A mother with a special needs child playing with him as she goes through a divorce

A parenting plan should outline essential information and guidance.

A strong point of departure is to discuss how much you and your partner understand the limitations and abilities of your child.

Parenting plans, estate planning, and the child’s transition to adulthood need to be given special consideration when structuring a divorce agreement.

Special issues that arise in the transition of the child into adulthood, such as guardianship, eligibility for quasi-government or private agency benefits, employment, recreation, and social skills, independent living, or custodial care, must be taken care of in the divorce agreement.

Since your child may have considerable medical and financial needs, the amount of support an adult will need to provide is practically limitless. Moreover, when the child turns 18, consideration must be provided to the fact that any financial support is considered an income not earned for determining the eligibility for public benefits of a child with special needs, such as Supplemental Security Income (SSI), which the child may ultimately receive as a young person.

Throughout this scenario, the most appropriate way to protect the eligibility of your child for public benefits is to establish a trust in special needs.

When the child turns 18, all financial support can be reallocated to the trust, allowing the child access to much-needed money without forfeiting government benefits.

A properly designed special needs trust will provide financial support for any service that goes beyond what the government provides.

Since caring for a child with special needs can be a financial strain, particularly in a divorce, it is important to have an additional financial plan that involves childcare help. In this way, the needs of a special child can be better protected by divorced parents.

Getting the plan for you and knowing it will work when the times comes due will give you the peace of mind you deserve.

Contact our law firm today to get a FREE special needs trust consultation so you can learn more. We would love to help you and your family!

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