Child Support for Special Needs Children

Both parents have a legal obligation to financially support their child, regardless of whether they were ever married. Child support payments can be crucial to ensure a child’s basic needs are met. However, in cases where a child has a physical or mental disability that requires certain medical treatment or special education, it can be even more important. Child support for special needs child can take extraordinary expenses into consideration that go beyond the standard guidelines.

How Do Courts Determine Child Support for Special Needs Children?

Child support in Utah has three components — basic support, medical care, and childcare expenses. Utah courts calculate child support based on a specific formula that considers the gross monthly income of each parent, the number of children, and the custody arrangement. All gross monthly income is considered when calculating child support payments, including wages, bonuses, investment income, self-employment earnings, and disability benefits. If a parent is not working, the court may impute income based on their earning potential.

While the same calculations are used to determine child support for special needs children, a judge may factor in additional expenses if strict adherence to the guidelines would not be appropriate. Importantly, parents do not need to go to court to determine child support for a special needs child. Parents can enter into a settlement agreement outside the courtroom using mediation or the collaborative process to tailor child support specifically to the needs of the child.

Child Support Considerations for Special Needs Children

Children with a disability or special needs typically have expenses that exceed the costs of traditional education and healthcare. For instance, they may require specialized therapies or need modifications made to the home. A judge will take a variety of expenses into consideration when determining child support for a special needs child, including the following:

• Medical expenses — A special needs child may need medications, surgeries, and frequent check-ups that are not covered by insurance.
• Specialized therapies —A special needs child may require speech therapy, physical therapy, or occupational therapy to address their needs.
• Educational expenses — The costs of tutoring, private tuition, and educational support may be considered if the child requires a specific learning environment.
• Home modifications — A child with a disability may need certain modifications made to the home, such as ramps, lifts, or accessible bathrooms.
• Vehicle modifications — Certain modifications may need to be made to vehicles to transport the child.
• Extracurricular activities — Child support for a special needs child can factor in the costs of extracurricular activities that support the child’s development.
• Travel expenses — Child support for a special needs child can consider travel expenses to go to medical appointments or specialized therapy.
• Specialized dietary needs — If a child’s special needs require a specific diet, the court may factor this in when determining child support payments.
• Childcare — If the child requires specialized childcare, the court may consider this when determining child support.

A special needs child may require additional financial resources to address their medical, educational, and daily needs. A Utah court may deviate from the standard guidelines if additional expenses are reasonable, necessary, and meet the best interests of the child.

Continued Child Support for Special Needs Child

Generally, a parent’s support obligation ends when a child turns 18 or has completed high school — whichever is later. However, if a child has a physical or mental disability, they may not be able to become self-sufficient in adulthood. In cases where a child has special needs and is a dependent, the court may order support to continue beyond the age of 18.

Specifically, Utah Code 81-6-101(7)(c) states that the definition of “child” for the purpose of the child support law includes:

A son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means.

Parents can also agree to extend child support for a special needs child without resorting to litigation. They may submit the settlement they have reached to the judge to obtain a court order requiring payments beyond the age of majority.

Contact an Experienced Utah Child Support Attorney

Child support for a special needs child can be complex, and it’s crucial to have a knowledgeable family law attorney to help you navigate the legal process. Based in Salt Lake City, BartonWood provides dedicated counsel and reliable representation to clients for a wide variety of divorce and family law issues, including those involving child support. To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.