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Having a Child With Special Needs and Getting Divorced

In the U.S., every year there are thousands of people with children getting divorced or separated each year. Divorces and separations usually have the largest impact on the children. When the child or children involved have special needs it adds another level ambiguity with parents going through a divorce or legal separation.

A child with special needs is entitled to SSI (Supplemental Security Income) of a basic monthly income. The monthly amount is different in each state. This amount of SSI is reduced based on how much child support the child receives from his parents. If the child support payments reach a point that they cancel out all of the SSI, the disabled child will loose all medical benefit rights. This can be very detrimental for children suffering from disabilities because they usually require a significant amount of medical support and benefits in order to live a healthy lifestyle. It is up to the divorcing parents of the child with the disability to hire a professional who can set up a trust fun for the special needs child. This trust fund will supply the disabled child with extra income once they turn 18. This will ensure that the child keeps receiving the benefits from the government. This should be done as soon as the divorce is complete.

Special needs children can suffer greatly from even the smallest disturbance to a daily routine. Even a slight change in a disabled child’s daily routine can have a significant negative impact on the child’s school performance, behavior, and result in needless stress and anxiety. Parents going through a divorce can minimize unnecessary disruptions in their child’s everyday life by successfully communicating and making sure that the child’s routines in each household complement each other.

Children with disabilities should be provided the same chances and opportunities as other children when it comes to social and educational opportunities. Because parents going through a divorce are focusing much of their attention and energy on the divorce process, they have a difficult time overcoming the hurdles and obstacles that isolate and exclude children with disabilities in social and school settings. It is a challenge for these parents of special needs children to find the suitable educational and social support programs and outlets for their children. These divorcing parents need to be able to put aside their differences and cooperate with one another in finding and selecting the appropriate programs for their child. 

To guarantee that a child with special needs has the best future possible, parents going through a divorce need to be able to put aside their differences when considering their child and what is best for them. They also need seek out and hire the appropriate help from a professional like a divorce attorneys or special needs child professional who knows what’s best for the child and his or her future.

Karie Boyd's picture
Family Law Attorney

Karie Boyd is the founding partner and CEO of the Boyd Law firm offices spread throughout the entire state of California. She is a certified family law specialist who consistently delivers case-winning results for her clients in cases taken to trial as well as positions her clients for attractive out of court settlements, when it comes to that. Karie Boyd received her B.A. from the University of San Diego then went and obtained her law degree from the California Western School of Law, after which she started her successful career as a San Diego family attorney. She is very passionate about her work and loves sharing her knowledge and passion of family and divorce law.