DuPage County Divorce and Children with Special Needs

Experienced Representation for Divorces Involving Children with Special Needs in Illinois

Divorce is highly stressful and emotionally taxing for everyone involved. However, when there is a child (or children) with special needs such as autism, Down syndrome and others, divorcing spouses must find a way to overcome the strained relationships and work together for the best interests of the child. If you are going through a divorce and you have a child with special needs, you need an attorney who understands your unique situation to ensure that your child will be well cared for.

At Momkus McCluskey Roberts LLC, our legal team has vast experience in several areas of practice including family law and divorce; estates, trusts and asset protection planning; business law; civil litigation; and many others. We put our experience to work to develop a comprehensive solution that addresses the big picture, taking into account all relevant factors pertinent to your children with special needs. Our skilled family law group has handled even the most complex divorces. We are responsive and compassionate, advocating aggressively for the interests of each client we serve.

Divorce and Children with Special Needs: Addressing your Unique Circumstances

During a typical divorce involving children, the non-custodial parent is often required to pay child support until the last child turns 18. However, in the case of children with special needs, Illinois law obligates both parents to continue supporting the child for life.

The challenge is that unless the child support order is written in a specific way, support payments could end up reducing the ability of the child to qualify for Supplemental Security Income (SSI) and Medicaid benefits. If your divorce attorney is not familiar with these issues, the divorce could have severe financial consequences for your child that could last for his or her lifetiime. In most cases, the best way to handle child support in a divorce affecting a child with special needs is to utilize disability planning tools such as a special needs trust.

A Qualified Medical Child Support Order (QMCSO) is another tool that can be employed to help cover the medical expenses of a child with special needs. This order directs the insurance company to provide health benefits to the special needs child from the group health plan of the non-custodial parent. This can be quite useful when the non-custodial parent possesses a more comprehensive health insurance policy.

Going through a divorce is never easy. When children with special needs are involved, the stress levels can increase significantly. To ensure that your child has adequate ongoing medical and financial provision, you need attorneys who understand what you are going through and how to effectively address your unique situation. At Momkus McCluskey Roberts LLC, our divorce and children with special needs lawyers can guide you through these important issues so the interests of your child are protected. Contact us today at (630) 434-0400 for a consultation. We provide advice and counsel from our team of experienced and compassionate divorce lawyers in DuPage County, Lisle, Naperville and Downers Grove.

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Main Office
  1001 Warrenville Road, Suite 500
Lisle, IL 60532

  (630) 434-0400

 

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