Aggressive. Professional. Effective.

Support modifications for children with special needs

On Behalf of | Sep 22, 2024 | Family Law

Modifying child support for special needs children calls for careful consideration by the courts. When the care requirements of a child change, support arrangements may need to be updated. Being aware of how courts approach this process is a must for all involved parties.

Reviewing changes in the child’s needs

Courts assess whether a significant change has occurred when it comes to meeting the child’s needs. For children with special needs, changes may include:

  • Increased medical costs due to new treatments or therapies
  • Additional educational expenses for specialized schooling
  • Required modifications in the home to accommodate the child’s needs
  • Increased care or supervision needs as the child ages

If the current support order no longer meets the child’s needs, the court may modify the support amount.

Evaluating parents’ financial circumstances 

Another key element courts examine is whether the parents’ financial circumstances have changed. The support case may require modification if the parent paying the support has had a significant increase or decrease in income. The court will review these financial shifts to determine if they justify an adjustment in child support.

Considering the child’s long-term needs

For children with special needs, support may extend beyond the typical age limits, such as when a child reaches adulthood. Courts will look at the child’s long-term care requirements to influence how they will decide on support modifications. 

A tailored approach to support

Addressing child support for special needs children requires a flexible and thoughtful approach. By carefully considering all relevant factors, courts aim to ensure that the support provided is appropriate and beneficial for the child’s unique situation.