Supporting a Disabled Child after Divorce in Lombard
Supporting a Disabled Child after Divorce in Lombard
Raising a child with a significant physical or mental disability is a challenge on many levels – mentally, emotionally, and often financially. It can be a difficult task for parents to manage together, and when there is tension or a breakdown in the relationship between the parents, it becomes even more complex and emotional.Â
The status of the relationship between the two parents shouldn’t impact the financial support of their offspring. Understandably, it can be difficult to negotiate agreements that work for both parents and are in the child’s best interest. However, a well-versed Lombard family law attorney can help you as you face this task.
Considering the Best Interests of the Child
When making determinations about parental responsibilities (also called custody) and parenting time (formerly known as visitation), courts will always consider what is in the best interests of the child. But for a child with special needs, determining what is in their best interest can be more complex and involves a careful examination of both their current and future needs. For example, if the child may eventually require specialized equipment or procedures, how these expenses will be divided should be addressed in the divorce decree, even if the exact future costs are unknown. Accounting for these future needs and ensuring they are adequately covered is one way an experienced Lombard divorce attorney may be able to assist you.
Adult Children with Disabilities and Divorce
In most cases, orders for child support or guardianship end when a child reaches adulthood. However, if that child suffers from a physical or mental impairment that limits their ability to care for themselves, courts may choose to order additional support. These orders are not automatic and must be requested by one or both parents.
If the adult child’s disability prevents them from making informed choices about their healthcare, parents may want to consider filing a petition for guardianship.
Can Support Orders for a Disabled Child be Modified?
Court-ordered child support is intended to be permanent, regardless of the child’s medical or developmental needs. However, courts understand that life doesn’t stay the same. One parent might have more children, obtain or lose employment, or get a raise. When life circumstances occur which can substantially change how much child support one parent pays or receives, the courts allow either parent to file a petition for a post-decree modification.Â
If you think there are circumstances in your life that might warrant such a petition, reach out to a knowledgeable Lombard child support lawyer at the Goodman Law Firm for help. We can assist you in determining if you need to file a petition and what your new child support payments should be.
Contact a Lombard Divorce Attorney for Help
If you have a disabled child and are going through a divorce or otherwise aren’t living with your child’s other parent, financial support is likely one of the issues you worry about the most. Whether you are on the paying or receiving end, it’s critical to ensure that your child can get the financial support they need and deserve. The compassionate Lombard divorce attorneys at Goodman Law Firm can help with this difficult issue. Simply contact us today to schedule your consultation and find out more about our services.Â
FAQs About Divorce in Illinois
What should I do if I have been served with divorce papers?
If you have received service of divorce papers, contact an experienced divorce attorney to review the documents, understand your rights, and plan your next steps. Time is critical in divorce proceedings, and having skilled legal counsel from the start can make all the difference.
How can I prepare for my initial consultation with a divorce attorney?
Bring documents such as financial records, prenuptial agreements, and a list of any questions you have. Be prepared to discuss your relevant goals and concerns openly and honestly. The more information you provide, the better we can assess your situation and develop a strategy that serves your best interests.
How are collaborative law, mediation, and negotiation different?
- Collaborative law is a structured process where both parties and their attorneys commit to resolving the divorce without going to court. It involves open communication and cooperation, with the goal of reaching a mutually beneficial agreement.
- In mediation, a neutral third-party mediator facilitates discussions to help divorcing parties reach a mutual agreement. Rather than making decisions, the mediator guides the negotiation process toward productive outcomes.
- Negotiation involves discussions between the parties directly or their attorneys to settle divorce terms. Unlike mediation, there is no neutral third party.
What should I expect during the divorce process?
The process typically involves filing for divorce, exchanging information, negotiating terms, and finalizing the agreement. If negotiations fail, courtroom litigation will become part of the process.
What happens if my spouse refuses to cooperate during the divorce?
If your spouse is uncooperative, the court may have to intervene to resolve disputes. At Goodman Law Firm, our attorney has experience in handling contentious cases and will advocate for your interests even in circumstances where spousal cooperation is limited.