Children with special needs often require more financial assistance to support their basic living requirements. California courts will take these factors into consideration when determining an order of child support for families with children with special needs. Here’s everything you need to know about the requirements and expectations of child support for children with special needs in California.
Affect on Child Care Costs
Children with special needs may require individualized special attention, which will need to be attended to with calculated financial support. Individualized attention may include hiring experienced caregivers needed for a family’s special needs child. Parents of a child with special needs may typically deal with several types of additional needs and costs, such as:
- Medical Needs – including hospital stays, home equipment, and special accommodations for certain disabilities
- Behavioral Needs – often requiring a non-traditional discipline strategy with careful attention paid to diagnoses such as ADHD, autism, or Tourette Syndrome
- Developmental Needs – ensuring appropriate opportunities for the child (social, therapy, education, etc.)
- Learning Needs – keeping up with the child’s school work and intellectual abilities
- Mental Health – finding the right professional help and care for a child with special needs, and paying special attention to any anxiety, depressions, or other mental health needs
Child Support in California Law
Typically child support will end when the child reaches their 18th birthday. For children with special needs, this support may be extended longer, as stated in California Family Code 3910. This Code states that parents share an equal financial responsibility in supporting their child who is incapacitated from earning a living. If parents disagree about their child’s income-earning ability and entitlement to continued child support, they may need to go before the family court to determine whether or not this support will be continued after the child turns 18.
Related: How Long Does Child Support Last in California?
Obtaining Child Support for a Child with Special Needs
California courts typically calculate child support based on a complex formula that takes into account factors such as each parent’s income and how much time each parent spends with the child. However, this child support formula may be inadequate when the court is determining support for a child with special needs. Depending on the child’s disability, additional expenses may be taken into consideration – including dietary needs, medical equipment, therapy, and additional/alternative methods of schooling. California Family Code 4057 states that children with special medical or other needs may require the child support to be greater than the general formula amount.
FAQs about Child Support for Children with Special Needs in California
How will child support affect any federal benefits?
One important thing to note when calculating child support for children with special needs is that they qualify for Supplemental Security Income (SSI) through the federal government. This income support program is designed to specifically aid disabled people with little to no income. Child support is classified by the government as a form of “unearned income” for the child, so if a child support payment is very large, this may affect whether or not the child is qualified for SSI benefits. If this is the case, there are still other options available for providing additional financial support benefits for a special needs child that will not interfere with SSI, such as the creation of a special needs trust.
Related: Can a Child Receive SSI and Child Support Simultaneously?
Does it matter when the child’s disability began?
No, it does not matter. California family court is allowed to order child support for the special needs of a child whether it be short-term or lifelong. The additional costs that may incur when raising a child with special needs are taken into consideration. Such expenses may include physical therapy, medical equipment, speech therapy, or other maintenances of their disability.
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If you are seeking child support for children with special needs in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal matter. Get your free consultation with one of our California Child Support Attorneys today!