Legal Considerations for Divorcing Couples with Special Needs Children in Illinois

 Posted on May 04, 2023 in Chicago divorce attorney

Divorce can be challenging, particularly when there are children involved. The difficulty increases when the children have special needs, as they need extra care and resources. With the right resources and knowledge, you can go through a divorce with less overwhelm. Here are some areas you should know about.

Child Custody and Support

When parents with special needs children divorce in Illinois, determining child custody and support is a significant issue. The child’s well-being is the top priority when custody decisions are made. This considers the child’s physical and emotional needs, the parent’s capability to care for the child, and the child’s bond with each parent.

If a special needs child needs more care or support, it can affect how custody is handled. The parent who has been the main caregiver and has a close relationship with the child may be more likely to get primary physical custody. However, joint custody may be a better option if both parents have been equally involved in the child’s care.

Child support is crucial in divorcing couples with special needs children in Illinois. The calculation of child support considers various factors, including the income of each parent and the child’s needs. Extra care might lead to higher child support payments if the child has special needs.

Estate Planning and Special Needs Trusts

Another essential consideration for divorcing couples with special needs children is estate planning. This includes the creation of a special needs trust, which can provide for the child’s care and support even after both parents have passed away.

A special needs trust is a legal tool that offers financial assistance to individuals with disabilities while ensuring they remain eligible for government benefits like Medicaid and Supplemental Security Income (SSI). These benefits are significant for special needs individuals, as they help pay for essential medical care, therapy, and other necessary supports.

Divorcing couples can guarantee their child’s future care and support by establishing a special needs trust. This approach can also ease some of the anxiety and ambiguity of divorce, as both parents can collaborate to cater to their child’s ongoing needs.

Contact a North Aurora Divorce Lawyer

Going through a divorce can be tough, especially when children with special needs are involved. However, with the help of an Illinois family law attorney and a clear understanding of the legal requirements, couples can make sure their child’s needs are met. This includes aspects like child custody and support, estate planning, and creating special needs trusts. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to get legal guidance to make the best choice for your child.

Source: https://www.isba.org/public/guide/gettingadivorce

/>Divorce can be challenging, particularly when there are children involved. The difficulty increases when the children have special needs, as they need extra care and resources. With the right resources and knowledge, you can go through a divorce with less overwhelm. Here are some areas you should know about:

Child Custody and Support

When parents with special needs children divorce in Illinois, determining child custody and support is a significant issue. The child’s well-being is the top priority when custody decisions are made. This considers the child’s physical and emotional needs, the parent’s capability to care for the child, and the child’s bond with each parent.

If a special needs child needs more care or support, it can affect how custody is handled. The parent who has been the main caregiver and has a close relationship with the child may be more likely to get primary physical custody. However, joint custody may be a better option if both parents have been equally involved in the child’s care.

Child support is crucial in divorcing couples with special needs children in Illinois. The calculation of child support considers various factors, including the income of each parent and the child’s needs. Extra care might lead to higher child support payments if the child has special needs.

Estate Planning and Special Needs Trusts

Another essential consideration for divorcing couples with special needs children is estate planning. This includes the creation of a special needs trust, which can provide for the child’s care and support even after both parents have passed away.

A special needs trust is a legal tool that offers financial assistance to individuals with disabilities while ensuring they remain eligible for government benefits like Medicaid and Supplemental Security Income (SSI). These benefits are significant for special needs individuals, as they help pay for essential medical care, therapy, and other necessary supports.

Divorcing couples can guarantee their child’s future care and support by establishing a special needs trust. This approach can also ease some of the anxiety and ambiguity of divorce, as both parents can collaborate to cater to their child’s ongoing needs.

Contact a North Aurora Divorce Lawyer

Going through a divorce can be tough, especially when children with special needs are involved. However, with the help of an Illinois family law attorney and a clear understanding of the legal requirements, couples can make sure their child’s needs are met. This includes aspects like child custody and support, estate planning, and creating special needs trusts. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to get legal guidance to make the best choice for your child.

Source: https://www.isba.org/public/guide/gettingadivorce