Child support hearings can be a very uncomfortable time for divorcing or separating parents, but things can become even more complex when children with disabilities are involved. The following article outlines a number of scenarios that might arise regarding child support for disabled children, and how an experienced family attorney can help.

Disagreements Concerning Authenticity Of Disability

It is not uncommon for proud, headstrong parents to refute the assertion that their child is disabled. However, this dispute often arises among the parents of a disabled child, where one acknowledges the child's disability and the other denies it. As a result, requests for additional subsistence is often complicated by the fact that one parent simply refuses to believe his or her child has a disability.

A competent family lawyer like Robert J. Schmit. can quickly get to the bottom of such disputes by obtaining documentation from the child's school, counselor, or physician that clearly illustrate the child's difficulties. With medical and educational personnel corroborating the child's disability, it is likely that the courts will side in your favor regarding additional financial support.

Appropriateness Of Social & Recreational Opportunities

While some divorcing parents might agree on the need for child support expenses regarding medical care and education, another common disagreement centers on the need, or appropriateness, of social and recreational activities.

Some parents of disabled children believe that, in certain instances, exposure to other children will be more detrimental than beneficial. Conversely, other parents encourage integration in the belief that their child benefits from becoming accustomed to interaction with children his or her own age.

This dispute might relate to get-togethers like birthday parties or Halloween parties, or to more formally organized activities like school sports or extracurricular programs. Whatever the issue, enlisting a family attorney can help determine the most appropriate course of action. For instance, your attorney might interview the coordinators or directors of potential activities for your child to determine whether they have the requisite training to ensure his or her safety and development. 

Visitation Times

In general, neither parent has the right to see the child more than the other, unless one has been granted sole custody. However, for children with severe disabilities, frequent relocations and travel might simply be unrealistic. The need to transport medical equipment, and access to emergency care, might mean the child needs to reside in one parent's home most of the time.  In cases like these, an attorney might suggest more frequent scheduled visitations, so long as they occur in the child's primary residence.

In the end, there are numerous complexities that can arise in child support litigation regarding disabled children, but disagreements regarding a child's disability, extracurricular activities, and visitation are among the most common.