Ask Avvo: Determining support for my child with disabilities

Children, Divorce, Family/Kids, Money, Tips & how-to

Q: I have a child with disabilities and I’m getting a divorce. My main concern is making sure my child gets the services she needs. Will the court consider this when making child custody and child support decisions?

A: Absolutely. The guiding factor in all custody decisions is the best interests of the children. As such, when making the custody determination the court will consider your child’s particular needs and who will best be able to serve them.

With respect to support, most states use child support guidelines to determine how much child support is paid. However, if there are needs that go above and beyond the guidelines, the court can consider deviating from the guidelines to allow for extra monies to cover these services. Make sure that you are prepared to provide all documentation evidencing that the services are necessary when making your child support claim.

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