Family Law Attorneys Working With
Parents of Special Needs Children
In any divorce proceeding where children are involved, the most important point to be decided involves the custody and parenting time of those children. When a child has special needs, determining an appropriate parenting time plan and visitation schedule requires special considerations. This may be the case even if the special needs child is 18 or older. Furthermore, there is often a need to account for added costs associated with raising a special needs child when calculating the child support. For example, child support may need to include contribution toward for therapy, medical equipment, nutritional supplements, dietary restrictions, and medication.
If you are a parent of a special needs child and are contemplating divorce, you need an attorney who not only is an experienced divorce attorney but who also understands the unique considerations that must be addressed to provide for the best interests of your child. At Shimalla, Wechsler, Lepp & D’Onofrio, LLP, our family lawyers have extensive experience representing clients with special needs children. You can trust that our team has the skill, knowledge, and compassion to handle these sensitive cases.
We Understand How to Help Your Child
If you have a child with special needs, your divorce agreement must cover many areas of your child’s life. Your child’s education, the necessity of a guardianship, emancipation, and/or eligibility for governmental benefits are just some factors. Determining an appropriate amount of alimony(Link to spousal support)may also be complicated by circumstances in which one parent’s earning capacity is limited as a result of having to care for the special needs child.
You may also need to establish a special needs trust. A special needs trust must be drafted carefully so that the special needs requirements are met without precluding the child from receiving other governmental benefits. The trust must specifically state that it is for the sole benefit of the beneficiary, it must be irrevocable, and it must be used specifically for necessities such as food, clothing, or shelter of the disabled individual.
While our firm does not create special needs trusts, we would be happy to refer you to lawyers who do, in the event your child needs one, and assist you in the process.
Contact Shimalla, Wechsler, Lepp & D’Onofrio, LLP
While based in Warren, we serve clients throughout Somerset, Hunterdon, Warren, Middlesex, Union, Morris, Monmouth, Mercer, and Essex counties, and the surrounding areas. Please call our office today at 908-922-4238 to arrange an appointment. You may also contact us online.
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