Understanding the Financial Aspects of Special Needs Custody
Divorce is a complex process that brings emotional and financial challenges, and when it involves children with special needs, the complexity intensifies. Special needs custody issues impact divorce proceedings by introducing complex considerations, including disagreements on diagnosis and treatment, financial planning for ongoing support, and addressing the child’s unique needs. Addressing these factors and navigating the divorce process often requires the specialized legal knowledge and assistance of an experienced San Diego child custody lawyer.
Disagreements and Complications in Special Needs Divorce
Parents often have divergent views on the diagnosis, severity, treatment, intervention, therapy, and education of their child with special needs. These disagreements can deeply complicate divorce proceedings. In the case of disagreement, it’s best to seek the counsel of a skilled child custody lawyer who can address these issues sensitively and thoroughly.
Minor’s Counsel
In legal proceedings, a special needs child may require independent counsel, also known as Minor’s Counsel. This ensures that their unique interests and well-being are represented in cases where parents have conflicting views on issues such as diagnosis, treatment, education, or custody. Independent counsel provides a dedicated advocate to express the child’s needs and preferences and safeguard their rights.
Custody disputes involving special needs children can lead to increased legal fees. The appointment of Minor’s Counsel adds another layer of legal representation that can impact decisions on custody arrangements and parental rights. While this specialized counsel ensures the child’s interests are independently considered, it can also contribute to higher legal costs.
Financial Planning in a Special Needs Divorce
Financial planning in special needs divorce requires careful consideration, especially when it comes to qualifying for government benefits. Concerns about the financial security of both the parents and the child post-divorce must be addressed. Planning should extend beyond the minor years into adulthood, considering the impact of disability on child support, adult child support, division of assets, and estate planning.
You’ll want to make sure that your child’s comprehensive needs are always met. However, in many cases, basic child support does not cover the unique expenses associated with caring for a child with special needs. That’s why it’s important to identify and document additional child support expenses.
Tax Implications: Credits and Deductions
Parents of special needs children may qualify for tax benefits. Dependent care credits and considerations for income available for support, as well as medical expense deductions with a broader definition for special needs children, can have a significant impact on the financial landscape.
Setting Up a Life Care Plan
Anticipating future financial considerations is key to making sure that your child’s well-being is protected throughout their life. Planning for the financial future of a special needs child reaching adulthood involves balancing reliance on government benefits and seeking private support.
Establishing ABLE accounts for future financial needs, considering asset division and housing options for adult children, and understanding the challenges and restrictions on government benefits are vital aspects of the financial planning process in special needs custody cases.
A life care plan plays an essential role in assessing the ongoing support needs of a child with special needs. Specialized trust and estate planning are necessary to maintain eligibility for government benefits. Self-Settled Special Needs Trusts are particularly important in preserving benefits while providing for the child’s financial security.
Your San Diego Special Needs Custody Attorney Can Help
A child custody attorney who specializes in special needs cases can provide invaluable assistance in addressing unique challenges and achieving the best possible outcome for all parties involved. If you are facing a special needs custody situation in San Diego, don’t hesitate to contact Mattis Law, A.P.C.
Our San Diego family law team is fully prepared to address the unique challenges you’re facing and work towards the best possible outcome for you and your family. Let us help you safeguard the financial well-being of your child.
Call us at (858) 736-9309 today for a free consultation.