Ending a marriage is always hard, but it can be even more challenging when a child with special needs is involved. Parents need to plan carefully to ensure their child is both emotionally and financially secure during and after the process.
Financial Planning
When a child has special needs, child support often works differently. In Ohio, child support usually ends at age 18, but for children who are unable to support themselves due to a disability that started before age 18, it can continue for their lifetime. This is sometimes called a "Castle child," based on an important Ohio court case (Castle v. Castle).
It’s also important to plan for what happens if the parent paying child support passes away. A life insurance policy can help ensure the child is financially supported. Both parents may be required to carry life insurance and name the child or a special needs trust as the beneficiary.
If your child receives government benefits like Medicaid or SSI, child support payments could affect their eligibility. A special needs trust can protect these benefits while still providing for the child’s needs. Ohio’s STABLE accounts are another option, allowing parents to save money for their child without affecting benefits.
Finally, think about future costs, like therapies or programs. If these costs aren’t mentioned in your agreement, one parent could end up paying for them alone. Your agreement should clearly state how these expenses will be shared.
Making Decisions
Parents of children with special needs often have more decisions to make about healthcare, education, and therapies. If both parents are involved in the child’s care, they should agree on how to handle disagreements—like giving one parent final say on certain issues or using mediation.
If one parent is less involved, the agreement should make it clear who is responsible for current and future treatments. That way, there’s no confusion or conflict down the road.
If your child will need help making decisions as an adult, you may need to become their legal guardian. This process should start before they turn 18 to ensure there’s no gap in care or decision-making authority.
Taking the Next Steps
Caring for a special needs child during divorce, dissolution, or separation requires extra effort, but with careful planning, you can build a secure future for your child. Gavvl Law can help guide you through the process and make sure your child’s needs are protected. Contact us today to learn more.
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