When going through a separation or divorce, parents who support a child with disabilities can find themselves overwhelmed. Understanding your legal rights and responsibilities as a parent is essential to your family’s well-being. Special needs child support in California ensures that children with mental, physical, or developmental disabilities receive consistent care and financial stability beyond the age of 18.
At Cianci Law, PC, our experienced legal team helps parents navigate California’s support rules, modification process, and courtroom requirements. We focus on family law cases and provide guidance based on local court procedures and updated state laws.
California is home to 1.4 million disabled children. With a divorce rate of 5.88 per 1,000 people in the state as of 2022, many child support cases involve children with special needs.
California family law uses a set formula to calculate child support. This guideline helps ensure that children benefit from each parent’s standard of living and works well for minor children, but the situation can become more complex when the child has disabilities.
In California, child support usually ends when a child turns 18 or finishes high school. Under California Family Code Section 3910, both parents are legally obligated to support a child who is incapacitated and cannot support themselves, even after they turn 18.
Eligibility for this type of child support can include:
Planning a child support case around a child with disabilities can be intense, especially for the parent acting as the primary caretaker. It’s ideal if both parents agree to provide financial support, but in cases when an agreement cannot be reached, the courts will step in to decide. In 2023, California’s Department of Child Support Services sent out $2.2 billion in child support payments to families.
Support calculations for disabled children differ from the standard formula. The court still considers each parent’s net income, custodial time, and necessary living expenses. Parents of children with disabilities often receive additional payments to help pay for extra disability expenses.
These expenses can include:
Child support obligations are legally binding and can have serious consequences in California. If payments are overdue by more than 30 days, penalties and interest can quickly increase the amount owed. For those struggling to meet child support payments, it’s important to consult with an Aliso Viejo child support attorney to explore further options. One common solution is to request a modification of the existing child support order.
There are many reasons to ask for a modification. Valid reasons include losing a job, shifts in custody or visitation arrangements, or incarceration.
When you request a modification, you will need to provide proof of your current income and expenses, childcare costs, medical insurance coverage, disability or incarceration status, unemployment benefits, retirement income, and your current custody and visitation setup.
While being able to request a modification to child support if they become disabled themselves, parents are still legally obligated to pay child support. It’s important to note that while future payments may be adjusted, any unpaid child support from the past must still be paid in full. If the disabled parent starts receiving government benefits, they can potentially be used to cover any unpaid child support.
Supplemental Security Income (SSI) cannot be used, as it’s for people who have very low income. Those receiving Social Security Disability Insurance (SSDI) or Veterans Affairs (VA) benefits can use those benefits to cover any missed child support payments.
The VA may even use a process called apportionment to send part of a veteran’s disability benefits directly to a child or former spouse. A 100% VA disability rating does not automatically cancel the child support obligation, especially if the veteran is still able to work.
A: A child qualifies for special needs child support if they have a verified disability diagnosed by medical professionals, which began before reaching adulthood. The disability must be significant enough to prevent the child from becoming self-supporting in adulthood. Additionally, the child must remain dependent on one or both parents for essential needs such as housing, food, medical care, and therapy.
A: No. It’s important to consult with an experienced attorney during your child support case, as support payments for disability are not automatically awarded and must be specially requested.
Parents will need to provide extensive evidence of the disability, such as medical documentation regarding the child’s health. Testimonies from professionals may be considered, as well as a court-ordered medical examination for the child. Cianci Law, PC can help clients prepare compliant documents that meet court rules and deadlines.
A: There are severe consequences to missing a payment in California. Missed payments may be reported to credit bureaus, damaging your credit score and affecting your future long-term. Liens may be placed on the property, and your professional or driver’s licenses can be suspended, affecting your ability to work or commute. In extreme cases, courts may hold you in contempt, which can result in criminal penalties.
If your child has a disability and you need to secure or modify support, contact Cianci Law, PC today. Serving the Orange County region, our family law team helps clients navigate the legal process with experience and care.
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