It is not uncommon for unanticipated obstacles to arise during the divorce process. Sometimes, these obstacles are simple. For example, it can be difficult to find an experienced divorce attorney. Other obstacles are much more complex. For example, negotiating child support and a parenting plan with your soon-to-be-ex spouse when you have a child with a disability can prove challenging.
The following will address some common mistakes that you should avoid if you are a parent of a child with a disability who is pursuing a divorce.
Make Sure a Finding of Disability Exists in the Divorce Decree
It is critical that a child’s doctor makes a determination of disability, which is then included in the Final Decree of Divorce. If this decree is not entered, there is a significant risk that your child will not receive an adequate amount of support. You will likely be required to establish that your child has a disability and deserves to indefinitely receive child support.
Not Obtaining Indefinite Child Support
In many cases in which a disabled child is involved, indefinite child support is ordered to be paid for the life of the child. This support is designed to pay the various life expenses that can arise, including medical bills. Even if a child’s condition improves over time, by obtaining indefinite child support from the other parent after a divorce, you can make sure that the child continues to receive adequate medical care.
Not Eliminating Income Received by Child Before Divorce
One of the most common mistakes that lawyers in this area make is failing to consider the income of a disabled child before a divorce. To remain qualified for Social Security or Medicaid, a child must not make more than a certain amount of income, or he or she risks losing these services. It is important to make sure that a divorce does not have a negative effect on any benefits that are received by a disabled child.
Obtain a Lawyer with Knowledge of the Subject
While statistics reveal that the number of people with disabilities is increasing, there are still a number of lawyers who do not have an adequate understanding of how having a child with a disability can impact a number of family law issues. As a result, it is critical to obtain the assistance of a family law attorney who has experience working with disabled children, which includes navigating measures involving Medicaid and Social Security. By obtaining the assistance of an experienced attorney, you can avoid serious issues later on
Contact an Experienced Family Law Attorney
If you or a loved one has questions or concerns about child support or other issues involving a disabled child, you should not hesitate to speak with an experienced attorney. Contact Vayman & Teitelbaum P.C. to schedule a free initial consultation.