Navigating the complexities of child support can be challenging, especially when disabilities are involved. Whether you’re a parent with a disability or raising a child with special needs, understanding how disability and child support interact is a crucial part of ensuring your child is properly provided for.
In this guide, you’ll learn how special needs child support calculations work and how disability benefits impact your or your spouse’s child support requirements.
Child Support for a Child with Special Needs or Disabilities
Child support is a financial obligation that a non-custodial parent pays to the custodial parent to help cover the costs associated with raising a child.
The amount is typically determined using Texas state guidelines, which consider the non-custodial parent’s income and the number of children to be supported. However, when disability and child support interact, additional considerations come into play.
Extended Support Beyond Age 18
For most children, child support obligations end when they turn 18 or graduate from high school, whichever occurs later. However, for a child with a disability, support may continue indefinitely, as described in Texas Family Code § 154.302. This rule applies if the disability existed or was known to exist before the child turned 18.
The rationale behind this extension is to ensure that the child’s needs are met even into adulthood, given that they may not be able to support themselves due to their disability.
Importantly, this applies whether the child is institutionalized or not, but rest assured that courts will carefully examine your financial situation and ensure you’re not unduly or unreasonably burdened by these payments, including any impact they may have on your retirement.
Special Needs Child Support Calculations
While Texas does provide a monthly child support calculator, these calculations are complex and may change markedly when a child’s disability is factored in.
As with any child support calculation, the court starts with the basic needs of your child, applying standard guidelines based on the non-custodial parent’s net resources. The court then evaluates the child’s specific needs related to their disability.
Here are some of the key factors that the judge presiding over your case will consider:
- Medical Care: Costs for ongoing medical treatments, medications, and specialist visits.
- Therapy and Counseling: Expenses for physical therapy, occupational therapy, speech therapy, and mental health counseling.
- Education: Special education services, tutoring, and adaptive learning tools.
- Adaptive Equipment: Costs for wheelchairs, hearing aids, communication devices, and other necessary equipment.
- Residential Care: Costs for specialized housing or residential care facilities.
- Future Care Needs: Costs related to the long-term care needs of the child that are required to ensure they will be supported throughout their life.
Ultimately, the goal of the court is to ensure the child is taken care of properly, but even if the court determines (or you and the child’s other parent determine) that institutionalization is the best route, this does not necessarily free you of your financial obligation to support your child beyond the age of 18.
Child Support When the Parent is Disabled
Texas generally views social security disability payments as income when calculating child support payments. If you’re seeking a divorce and you or your spouse receive disability payments, the judge presiding over your case will likely include those payments in your child support calculations.
Types of Disability Benefits
Understanding the types of disability benefits is essential as they impact child support calculations differently.
Social Security Disability Insurance (SSDI) benefits are based on the disabled parent’s work history and the amount paid into Social Security. SSDI is considered income for child support purposes in Texas.
Supplemental Security Income (SSI) is a needs-based program for individuals with limited income and resources. SSI benefits are not considered income for special needs child support calculations in Texas.
SSDI and Child Support
The benefits received by the disabled parent are factored into the overall income used to determine the support amount, even if SSDI is his or her only source of income.
If the disabled parent receives SSDI, their children may be eligible for dependent benefits (usually up to the age of 18 but possibly all the way up to age 22).
These benefits can be credited toward the parent’s child support obligation, potentially reducing the amount they need to pay out-of-pocket.
In some unique circumstances, it’s possible for stepchildren, grandchildren, step-grandchildren, or adopted children to receive benefits as well.
Modifying Child Support Orders
Life circumstances can change—in Texas, so can child support orders. If a child with special needs requires more support or if a disabled parent’s financial situation changes significantly, either parent can request a modification of the child support order.
First, the parent seeking the modification must file a petition with the court that issued the original child support order. This is something you can do by yourself, but you can also do it through an attorney.
The court will then review the current financial situation of both parents, the needs of the child, and any changes in circumstances to determine if a modification is warranted.
This is where it’s crucial to have an attorney on your side advocating on your behalf. They’ll ensure your unique situation is understood by the judge on the case and that your circumstances are taken into account.
We’ll Fight for You to Get the Best Outcome Possible
Understanding how disability and child support work together is essential for parents facing these challenges. Whether you’re a parent with a disability or raising a child with special needs, knowing your rights and obligations can make a significant difference in your case’s outcome.
If you’re looking for a disability and child support attorney serving Flower Mound, Lewisville, and the surrounding Denton County area who will fight for you and walk you through this difficult time, contact us today to set up your initial consultation or call us directly at (214) 646-3253.
