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Long-range support and the child with severe autism

On Behalf of Cullen Family Law Group | Apr 6, 2017 | Child Support |

Usually, child support in California ends when the child turns 18 (unless he or she is a full-time student, in which case it can continue until he or she is age 19). In some rare cases, a support agreement might call for one or both parents to support the child through a four-year college degree.

However, what happens when the child is never going to be capable of being self-supporting due to a pervasive developmental disability, like severe autism?

In that case, support may require long-range planning — which may include things other than just economic decisions. This can be hard for parents who are married to work through, but when parents are divorced they may have even more difficulty deciding what to do.

Here are some things that need to be considered as early as possible when you have a child with severe autism:

— Is the child eligible for Supplemental Security Income benefits while still a minor, or will the income of his or her parents preclude that benefit?

— Once the child turns 18, he or she should file for Supplemental Security Benefits. When a parent begins to collect a benefit, the child should be entitled as a Disabled Adult Child on that parent’s benefit record.

— Should support be adjusted downward for any of these events, and by what percentage?

— Which parent will be required (if either) to pay the child’s health insurance through the maximum age for dependents?

— Which parent, if either, will assume responsibility as the child’s financial payee for any government benefits?

— Will the child require a legal guardian after he or she turns 18? If so, will the parent who has primary physical custody at the time of the divorce assume that role?

— What benefits should each parent be required to put into a special needs trust for the child’s future maintenance?

All of these are questions that have to be considered even during the parent’s divorce — because they will come back to be an issue fairly quickly. For help working through the difficulty of a divorce that requires extensive long-range support planning due to a child with severe autism, contact a California family law attorney for advice.

Source: Autism Speaks, “Legal Matters to Consider,” accessed April 06, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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