Child Support Considerations for Children With Special Needs in Atlanta, GA
When the parents of a child with special needs live in separate households, child support can become a challenging issue to resolve fairly.
Work with an attorney who is familiar with child support considerations for children with special needs in Atlanta, GA. At Atlanta Divorce Law Group, our team of legal professionals will work closely with you to ensure you reach a child support arrangement that allows your child to thrive.
How Is the Support Amount Calculated for Children With Special Needs?
Parents who live separately must complete a child support worksheet and submit it to the family court judge for review. The worksheet considers the parents’ respective incomes, the number of children they share, and the number of additional children they support. The child support amount is determined by a formula that estimates the amount that people of the same income spend on their children, and apportions it between the two parents.
There are several mandatory adjustments to the child support amount, including health insurance premiums for the children and work-related childcare expenses. Beginning in 2026, adjustments for low income and parenting time will also be mandatory. The custodial parent of a special-needs child can request a non-mandatory deviation to cover the child’s higher medical and educational expenses.
Ideally, parents work together to develop a reasonable child support arrangement that can be included in a joint parenting plan. A judge must approve the parenting plan; therefore, in addition to the child support worksheet, the parents should describe their child’s special needs and the medical, social, and educational supports they require. Our Atlanta, Georgia, attorneys can help parents of children with special needs prepare all the necessary documentation to ensure the family court judge has a thorough understanding of their child and the expenses associated with them.
Support May Extend Into Adulthood
The child support obligation typically lasts until the child reaches the age of 18. Sometimes it is extended when the child is a full-time student. For children with severe disabilities that prevent them from supporting themselves, the Official Code of Georgia §19-6-15.2 allows a judge to order child support to continue indefinitely.
There is usually an expectation that one parent will provide a home for an adult child with a disability and the other will contribute financially. You and your co-parent should thoughtfully plan for a future when one or both of you pass away or lose the capacity to provide for your disabled child. Our attorneys in Atlanta, Georgia, can help you develop a plan and refer you to professionals with experience in estate planning and financial support for divorced parents of a disabled adult child.
These plans may include a special needs trust. This is a specific type of trust that your child can use for specific expenses without impacting their eligibility for public disability benefits. Family court judges sometimes order the parents of a severely disabled child to create a special needs trust as part of the child support order.
Talk to an Atlanta, Georgia Attorney About Child Support for Children With Special Needs
Supporting a child with special needs often entails incurring additional expenses. You and your co-parent must fairly divide the cost of raising the child, including any special care or services they require.
The legal team at Atlanta Divorce Law Group can provide valuable guidance about child support considerations for children with special needs in Atlanta, GA. We do not charge for initial consultations, so reach out to one of our intake specialists today.
