Like most things in life, getting divorced presents special considerations for parents of children with special needs. While all divorcing parents need to ensure that they are making informed decisions with their children’s best interests in mind, this can take on even greater importance for parents divorcing with a special needs child who may have developmental disabilities, physical limitations, and other life-changing medical conditions.
For parents of children with special needs, their children’s needs will play a key role in all aspects of the divorce process. This includes not only the child-specific aspects (i.e., child support and parenting time) but the non-child-specific aspects as well.
5 Unique Divorce Considerations for Parents with Special Needs Children
What do you need to know if you are preparing to go through a divorce and your child has special needs? Here are five important considerations:
1. Child Support
As you undoubtedly well know, the costs of caring for a child with special needs can be exorbitant. This means that planning for your future financial needs will be a critical part of the divorce process. In Illinois, both parents have a legal obligation to financially support their minor children (and adult children in limited circumstances)—and this obligation applies both before and after the parents’ divorce.
Managing child-related costs after a divorce starts with addressing child support. Under Illinois law, parents’ obligations to provide financial support post-divorce are based on their respective abilities to pay. Under Illinois’s Child Support Guidelines, child support generally covers costs including:
- Education-related expenses (excluding higher education)
- Healthcare costs
- Childcare costs
- Basic necessities (i.e., food, clothing, and housing)
While these categories may cover the majority of the costs parents will incur after their divorce (at least until their child reaches age 18), caring for a child with special needs can also entail a variety of other costs. Even if these costs are not covered under child support, they are still important to address during the divorce process—and divorcing parents have a variety of options for doing so. If you and your spouse have established a special needs trust or taken any other steps to prepare for your child’s future financial needs, you will need to be sure to address these during your divorce as well.
2. Child-Related Expenses Not Covered Under Child Support
In addition to addressing child support, parents of children with special needs will typically need to address various child-related expenses outside of child support as well. These expenses broadly fall into two categories:
- Necessary child-related expenses that fall outside of child support; and,
- Expenses associated with caring for a child with special needs after he or she reaches the age of majority.
Costs may fall into one or both of these categories. For example, Illinois law provides that the courts may require both parents to cover the costs of higher education through the child’s 25th birthday. This would be separate from the parent’s child support obligations. Various other care and support costs may also fall outside of child support and/or be necessary as a child enters adulthood—and these, too, can (and should) be addressed separately during the divorce process.
3. Spousal Support (Alimony)
Ensuring that parents will be able to manage the costs of caring for a child with special needs post-divorce can also impact their decisions regarding spousal support. Increased child-related financial responsibilities will reduce the funds that a higher-earning spouse has available to provide spousal support; but, at the same time, the costs of caring for a child with special needs can also add to a lower-earning spouse’s financial challenges post-divorce.
Generally speaking, spousal support is intended to allow both parents to maintain the same standard that they enjoyed during their marriage once they get divorced. However, living separately necessarily involves additional costs—on top of those that parents must incur to support and care for their children. This makes it extremely important for both parents to carefully consider their options regarding spousal support during the divorce process, and it will usually make sense to address all financial considerations jointly to arrive at a workable (and mutually agreeable) solution.
4. Parenting Time and Co-Parenting
Under Illinois law, divorcing parents must make all custody-related decisions based on their children’s best interests. The Illinois statutes outline several “best interests” factors, and divorcing parents must carefully consider each of these factors to determine how much (or how little) weight to give them based on the unique circumstances of their divorce. This includes but is not limited to, any considerations related to their children’s unique needs.
While co-parenting does not make sense in all scenarios, it can be especially worth considering for parents of special needs children. With co-parenting, both parents continue to jointly participate in their children’s lives after their divorce. This can be extremely valuable for providing support and stability—which, while important for all children, can be especially important for those with special needs.
Similar to child support, child custody generally ends when a child turns 18. However, caring for a child with special needs can be a lifelong endeavor. As a result, just as parents of children with special needs will generally need to address financial considerations outside of child support, they will often need to address parenting-related considerations into their child’s adult life as well.
5. Property Division
Finally, caring for a child with special needs post-divorce can also impact parents’ decision-making regarding property division. Deciding who will remain in the family home, deciding how to divide financial assets (i.e., retirement and savings accounts), and making other similar types of decisions may require careful foresight and long-term planning with child-specific considerations in mind.
Schedule a Free Initial Divorce Consultation in Gurnee, IL
If you need to know more about going through a divorce in Illinois with a child who has special needs, we invite you to get in touch. To schedule a free initial consultation with Gurnee, IL divorce lawyer Deanna J. Bowen, please call 847-623-4002 today.
