In a divorce which involves a child with disabilities, great care must be taken to ensure that the child's needs are provided for. There are significant legal, financial and personal aspects of this task which need to be addressed. Because your child may go on living long after you are gone, the arrangements you make must stand the test of time.
LaRocca Hornik Rosen Greenberg & Patti LLC, with offices in Freehold and Red Bank, is a law firm that helps parents care for special needs children. We take care to put in place the legal and financial instruments that can provide for the living needs of children, while preserving their ability to obtain government benefits.
If you have questions about providing for a special needs child after your divorce, call us at 732-246-2112.
Special Needs Children And Divorce
A special needs child will never be emancipated and independent. Therefore, it is important to make adequate provisions include in the divorce settlement that can provide care for the rest of his or her life. Some of these include the following:
Child support — The figures used in calculating child support should include day care expenses.
Special needs trusts — You may wish to use the property settlement to provide funds for a special needs trust. This can provide the funds for personal services that can make the child's life easier, while still enabling the child to qualify for government benefits.
Life insurance — It may also be advisable to require the payer of child support to name the other parent as the beneficiary of a life insurance policy to guaranty the payment of child support, should the payer die.
Government benefits — Medicaid and Supplemental Security Income benefits are available for your child. However, a mistake made in the property settlement or child support order could jeopardize those benefits. Our attorneys can help you comply with these requirements. We will work diligently to structure the property settlement and child support order in a way that enables your child to continue to qualify for these benefits.
Contact A Lawyer
To learn more about custody of a special needs child and how it will affect your divorce settlement, call LaRocca Hornik Rosen Greenberg & Patti LLC at 732-246-2112 or send an email.
We represent parents throughout central New Jersey, including Monmouth County, Ocean County and Middlesex County.