Raising a child with special needs brings financial challenges beyond typical child support costs. In Florida, the law considers these extra costs and allows changes to child support plans to ensure the child’s long-term care. If you are a parent asking for or giving child support for a child with special needs, you need to know Florida’s laws.
Legal Framework for Children with Special Needs
Florida Statutes Section 61.30 regulates child support calculation. However, courts can change these rules to fit a child’s needs. For child support to last past the child’s 18th birthday, the child must be unable to support themselves due to a physical or mental disability that began before they turned 18. You must show medical records, expert statements, and proof of ongoing care needs.
Extending Child Support
If your child cannot support themselves due to special needs, child support in Florida can continue indefinitely. You must make sure any court order clearly states the child’s special needs status. If not, you may be unable to reopen the case to keep support going after the child turns 18.
Factors Considered in Support Calculations
When figuring child support for special needs children, courts look at extra costs such as:
- Therapies and Medical Treatments: Ongoing medical costs beyond expected healthcare costs.
- Educational Support: Special education programs and services are made for the child’s needs.
- Adaptive Equipment: Devices and tools the child needs for daily life and freedom.
These factors help decide how much support the child needs for a good life.
Recent Legal Developments
Florida has now made the duty to support dependent adult children a law. This gives clearer rules for support expenses and ensures that support does not harm the child’s right to get state or federal help. This change shows that the state wants to help children with special needs as they grow up.
Knowing these legal points can help you better fight for your child’s financial needs and ensure they get the support they deserve.