Divorce and Disabled Children

March 22, 2017
Navigating through a Divorce with a Disabled Child
The term “disabled” refers to a person who has a physical or mental impairment that substantially inhibits major life activities, someone who has a record of impairments, or is known to have an impairment.  Divorce is hard no matter what the situation, however, when it involves a disabled child it be trickier.  Likewise, deciding support for a non-minor child with a disability can be equally as mentally and emotionally taxing as the actual divorce. 
When a couple divorces and have a non-minor child with a disability, the court may award money out of the property and income from one or both parties.  This also includes money from the estate of a deceased part for support of the child.  Such disabilities include mental or physical ailments and is not emancipated.  
The money awarded may be paid to one of the parents, put in a trust for the non-minor child with the disability, or placed into a special needs trust set up by the parents for the child.  The courts decision for making the monetary award is considered in relation to the following factors:

  • Present and future financial resources of both parents; savings and retirement
  • Standard of living the child would have had prior to the divorce
  • Financial resources of the child
  • Other financial resources provided for the child including: Supplemental Security Income and Home Based Support

 The dissolution of a marriage and caring for a child with a disability are both hard, and it pays to hire an experienced Edwardsville divorce attorney to help you through the process.  Likewise, a divorce attorney can make sure you receive the personal attention you deserve, and the judgment is in your favor.
The skilled Edwardsville divorce attorney, Deborah Besserman understands that such situations deserve one on one attention and empathy.  If you are in need of a divorce attorney to help with any matter, please contact Besserman Law Office, LLC today for a free consultation. 

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