Child support in the State of Texas is generally calculated according to standard state guidelines. Both parents are legally responsible for supporting their children financially throughout childhood. Child support is the state’s means of ensuring that this responsibility is shouldered fairly (relative to each parent’s ability to pay) between both parents.
The judge has considerable discretion in determining child support, and certain factors – including a child’s special needs – are very likely to require special consideration.
If your child has special needs, you should work with a Killeen family lawyer to make sure you get the child support you need to support your child’s brightest future.
Child Support Calculations
Typically, the parent who has a visitation schedule pays child support that is calculated in accordance with the state’s guidelines to the parent who provides the children with their primary residence. These payments are generally entirely predictable and rarely deviate far from the state’s calculation process.
However, if one of the children involved has special needs that compel the court, it is likely to take a broader approach to child support and award an amount that better addresses the child’s unique needs.
Special Needs that Qualify for Child Support
For the state to address your child’s special needs, they must amount to either a mental health concern or a medical condition that precludes him or her from contributing significantly to his or her own care or from being able to move forward into living an independent life as an adult.
Some health issues, though serious, do not rise to this level. As such, the courts take the classification of special needs in relation to child support on a case-by-case basis. In other words, it is complicated.
Whether or not your child’s special needs will affect your child support is dependent upon your child’s unique health concerns, but working closely with an experienced Killeen family law attorney will help ensure that you receive the child support your child needs and deserves to reach his or her fullest potential.
Documenting Your Child’s Special Needs
In determining whether your child has special needs that require more expansive child support, the court will require and carefully consider all of the following documentation:
Your child’s physical and mental health records
Your child’s school records
Reports from your child’s school counselor, caregiver, speech therapist, occupational therapist, or any other specialized teacher or therapist who works with your child
Because the court is always guided by the best interests of the child, it will carefully weigh your child’s special needs in its determination of child support in your case. If special needs are identified, the court will determine your child support based on the unique needs of your child.
Duration of Support
While there is a definite end date for child support that does not involve children with special needs, this is not necessarily the case for a child who is so classified. For a child with special needs, court-ordered child support can be mandated beyond his or her 18th birthday as long as it is established that the disability was identified before he or she turned 18.
Even if your child has already turned 18, you can bring the child support issue up with the court as long as you can establish that his or her disability was identified before his or her 18th birthday.
Support for a child with special needs may be extended indefinitely, or it may extend to a specific date in the future. If there is a chance that your child could show improvement, the court may extend support to his or her 19th birthday and reevaluate child support then.
Discuss Your Child Support Concerns with a Dedicated Killeen Family Law Attorney
Child support is designed to ensure that both parents contribute financially to raising their shared children – based on a general calculation process that applies nearly across the board. However, the court will take a child’s compelling special needs into careful consideration and will often exercise discretion in requiring expanded child support payments in such situations.
If you have child support concerns about your child with special needs, Brett Pritchard at the Law Office of Brett H. Pritchard – proudly serving Killeen, Texas – has the experience, legal insight, and compassion to help. Obtaining child support that allows your child to lead their fullest life is critical, and we are here to help.
To learn more, please do not hesitate to contact us online or call us at (254) 781-4222 today.