Child Support Considerations for Children With Special Needs in Alpharetta
Raising a child with special needs is expensive. When the parents live in separate households and one parent is paying child support, reaching a fair arrangement that allows your child to flourish can be challenging.
The attorneys at Atlanta Divorce Law Group understand child support considerations for children with special needs in Alpharetta. Our team can explain the law and help you and your co-parent ensure that your child has all they need to reach their potential.
Calculating the Basic Obligation
Georgia uses a formula to calculate the child support obligation. The formula takes into account the income of both parents and the number of children requiring support. It determines how much parents in the same income bracket spend on their children, and divides that amount between the parents on a pro rata basis.
The custodial parent contributes their portion of the child support by providing a home, utilities, and basic necessities. The other parent transfers their portion of the child support to the custodial parent every month. The amount to be paid is adjusted to take into account the children’s health insurance, dental and vision care, and work-related childcare expenses.
You and your co-parent must submit a child support worksheet to the family court judge for approval. Our Alpharetta attorneys can review your child support worksheet before submission and ensure it adequately reflects the special needs of your child.
Child Support Amount May Deviate From the Formula
When you have a child with special needs, you likely have specific extra expenses. These might include working with educational or occupational therapists, participating in physical therapy, engaging in enrichment activities, and attending private schools. If your child is significantly disabled, you may need home care assistance.
You can request a discretionary deviation from the formula amount to cover your child’s extraordinary expenses. Our attorneys in Alpharetta can prepare the request for a non-mandatory deviation and submit it to the court with your special needs child support worksheet.
Additionally, you must provide comprehensive documentation of your child’s condition, which could include medical records, educational testing results, school records, and other relevant information. You will also need to provide invoices and receipts to document the cost of the services your child requires.
When Does Child Support for a Disabled Child End?
The child support obligation usually ends when a child turns 18, although if the child remains a full-time student, it can extend to age 20. Depending on the severity of your child’s disability, they may only receive child support until they complete their education.
However, if your child’s condition prevents them from living independently or earning their own living, the child support obligation may extend into adulthood. The Official Code of Georgia §19-6-15.2 allows a family court judge to order child support to be paid indefinitely in these cases.
Ensuring your child is protected into adulthood requires thoughtful estate planning. If they are eligible for federal disability benefits, a special needs trust can improve their quality of life while maintaining their eligibility. Our Alpharetta attorneys can explain the intricacies of indefinite support for a disabled child, and refer you to capable estate planning specialists if necessary.
Work With Our Alpharetta Attorneys on Support Arrangements for a Child With Special Needs
Child support considerations for children with special needs in Alpharetta can make it harder to determine an appropriate child support amount. To make sure that you and your co-parent are getting it right, consult one of the experienced attorneys at the Atlanta Divorce Law Group. Talk to one of our intake specialists about working with us today.
