Special Considerations for Special Needs
Divorce can be even more complicated and challenging than usual when a minor child, an adult child, or a spouse has special needs, whether they be mental, developmental, or physical in nature. It is critical that the parties to the divorce keep these needs in mind throughout the divorce process to best provide for the family member with special needs while retaining access to important government benefits such as Medicaid, Supplemental Security Income (SSI), and other disability programs. To receive indefinite child support as allowed under the Texas Family Code and maintain government benefits, the family court must order the creation of the child support Special Needs Trust in the Final Decree of Divorce or Modification Order and approve the child support Special Needs Trust. If you or your spouse has a disability that renders one incapable of self-support, one may be eligible to be awarded spousal maintenance by a court.
Legal Considerations for Special Needs Families
Special considerations for special needs in divorce can include legal aspects such as guardianship or powers of attorney, estate planning including supplemental (special) needs trusts, and child support supplemental needs trusts. Government benefits are another special consideration, as delineated above. Supplemental Needs Trusts, also known as Special Needs Trusts, must be drafted with specific provisions, and include first-party special needs trusts, third-party special needs trusts, and pooled trusts. Last but not least, estate planning must take place with special needs provisions for the child with disabilities to maintain eligibility for government benefits.
Contact Houston’s Best Family Law Attorney
The Law Office of Sam M. (Trey) Yates, III, P.C., has the special expertise and experience needed to assist its clients in best providing for family members with special needs in a divorce. A very specific and nuanced approach is required to simultaneously arrange long-term financial support while maintaining important government benefits.
To speak with a qualified and knowledgeable family lawyer in Houston, Texas, contact The Law Office of Sam M. (Trey) Yates, III, P.C., by phone at 713.932.7177. You also can schedule a consultation by providing us with your information on our contact form.
