Determining child support can be a complicated process, particularly when one or more of the children involved have special needs. Consider the following information on how support for children with disabilities may differ and speak to a York County, PA child support attorney for legal advice and representation.
How is Child Support Determined?
Payments are calculated by examining various aspects of the family’s lives. After determining what it costs to raise the child by considering educational costs, food, rent, extracurriculars, childcare costs, and more, a court will examine the following to determine how much support payments should be.
- Each parent’s income and ability to support their child
- The amount of time each parent spends with the child
- The child’s age
- The amount of children the parents have
Support is generally a percentage of the noncustodial parent’s income.
What Constitutes Special Needs?
When courts are determining support for children with special needs or disabilities, they will consider a variety of factors. Any of the following can constitute special needs during support deliberations.
- The need for physical therapy
- The need for occupational therapy
- The need for speech therapy
- The need for any other type of specialized therapy
- Modifications that must be made to a home or vehicle, for example, to make them wheelchair accessible
- IEP (Individualized Education Plan) costs
- Necessary educational costs like school programs, tuition, or transportation
- Excess medical expenses including insurance coverage, surgeries, and medications
Any of the above count as special needs that are important for the child’s development and growth.
Does Support for Special Needs Children Differ?
Child support for children with special needs differs slightly from others. While the way support is calculated is largely the same, courts will consider the above-mentioned needs. They will also consider that the custodial parent may not be able to maintain full-time employment while acting as a caregiver for the child. Additionally, child support for children with disabilities can also last longer than standard support.
A court will consider all of these differences when calculating how much support the noncustodial parent will owe to the custodial parent.
When Does Support for Special Needs Children End?
According to Pennsylvania state law, parents are generally obligated to financially support their children until the day they turn 18 or graduate from high school. Because of this, a noncustodial parent’s obligation to pay child support is terminated at this time.
However, the time frame for child support for a special needs child may differ. While there are state-funded financial programs that can help adults with disabilities support themselves and live independently, it is sometimes impossible depending on the individual and their needs. If it can be proven that the child is unable to support themselves the noncustodial parent can be required to pay support past the child’s 18th birthday or graduation date.
Contact a skilled family lawyer for more information on your parental rights today.
