How Does Child Support Work for Special Needs Children?

• Call Us
• Chat With Us

If you are divorcing with children, child support may be a contentious issue. The determination of child support hinges on several factors. In cases where a child has special needs, the guidelines will be modified to accommodate the additional expenses associated with their specific circumstances. Please continue reading to learn how child support works for parents of children with special needs in New Jersey and how a determined Ocean County Child Support Attorney can help you ensure the financial security of your loved one. 

How Does Child Support Work for Parents of Children with Special Needs?

Under New Jersey law, parents must financially support their children until they turn 19. However, support can continue beyond certain circumstances. One of these circumstances includes a child’s disability status. Children with a disability or special needs may be entitled to support payments until years of age. After a child with special needs turns 23, they are considered emancipated, and the non-custodial parent is no longer required to pay child support. Nevertheless, they may still require financial assistance. As such, New Jersey has a system in place where support is transitioned into what is known as financial maintenance.

In many cases, the court can order a parent to pay financial maintenance the same amount as the prior child support payments. However, the amount determined by the court will depend on the evidence provided to demonstrate the necessary support. For child support responsibilities to roll over to financial maintenance, a motion must be filed requiring this support, which includes evidence of such need. It’s important to note that, contrary to child support payments, financial maintenance duties are much harder to enforce despite being court-ordered.

When Does Financial Maintenance End?

Financial maintenance has no specific end date or age at which it will automatically expire. As such, a non-custodial parent must file a motion requesting to be released from their financial maintenance duties and provide evidence that the economic needs of the adult dependent have changed.

Furthermore, it is essential to understand that government benefits, such as Medicaid, Supplemental Security Income (SSI), and Social Security Disability Insurance (SSDI), can offset costs, replace lost income, and help provide continuity of services. However, their role in supporting your family can complicate support orders. Depending on the specific order, these funds can interfere with a child’s eligibility for particular government assistance programs. As a result, they could lose out on those benefits. For example, individuals often have to demonstrate they have limited income to qualify for assistance programs, but continued child support payments may disqualify children with special needs from these resources.

Therefore, it’s in your best interest to contact a seasoned Ocean County child support attorney who can help you through these complex matters and ensure your loved one continues to qualify for these programs into adulthood. If you are worried about your loved one maintaining their financial stability, please don’t hesitate to contact a compassionate attorney from The Law Office of Sarina Gianna, LLC. Our legal team is prepared to help you determine the right path forward, given your family’s circumstances.