Michigan Divorce with Special Needs Child

Child Support

Child support in Michigan will be a component of most divorces when children are involved. This is also the case with a divorce that includes a special needs child. Along with a normal child support agreement there will nest to be special considerations in Michigan when you determine a child support arrangement for a child with special needs. Clear communication about the needs of the child will be especially important when the issue of child support is addressed.

Child Support for Special Needs Child

The state of Michigan has what is called the Michigan Standard Child Support Formula. This is the formula that is used to determine the amount of child support that is paid. In Michigan you can also put in an application for child care expense and medical expense. The issue with the Standard Child Support Formula is it will not address child support for a special needs child correctly. There are many considerations that need to be addressed some of those include are there special activity costs, therapy costs, educational costs, and does one parents role as caregiver take away from their opportunity for outside financial gain such as working a job or owning a business. Because of these considerations the family law attorney needs to seek deviation from the Standard Formula.

Post Majority Age Child Support

Using the Standard Formula and other laws surrounding child support there is not a statute that requires child support for a special needs child past majority age which in Michigan is 18 to 19.5 years old. A special needs child could possibly need financial support much longer into adulthood or possibly for a lifetime. To ensure that those financial needs are met the family law attorney needs to seek legal and non-legal devices.

Both child support and support past the majority age are important issues to be discussed and agreed upon during a divorce. This will insure the special needs child has their financial needs met.

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