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By Stuart R. Manoff, Esq. –
Although the decision to divorce is one of the toughest decisions to make, sometimes it is ultimately the best decision for the health and wellness of everyone involved. Unfortunately, even when divorce is the healthiest choice, the ramifications can be extremely difficult to manage especially when there are minor children involved, and even more so when those minor children have special needs. When there are minor children with special needs involved in the divorce process, the emotional and financial difficulties already associated with divorce can increase ten-fold. The right guidance is crucial to navigate the process and avoid becoming enveloped in stress.
Child Support
Child Support is a basic right of every child in the State of Florida that cannot be waived or contracted away by the parents. Florida Statute § 61.30 provides a basic formula for child support in the form of Guidelines. The amount each parent is to pay is determined, generally, by the net income of each spouse, the number of children to be provided for, and the number of overnights each parent will have. The legislature has pre-determined a dollar amount for the estimated costs to support the children, and each spouse contributes a percentage of that cost pursuant to the guidelines. Children are entitled to this support until they reach the age of 18, or the age of 19 if there is a reasonable expectation the child will graduate high school by the age of 19, or until they are otherwise emancipated.
Child Support for Children with Special Needs
When a child with special needs is involved in a divorce, these Child Support Guidelines can be deviated from and can continue past the child’s reaching the age of 18 (or 19), depending on the particular needs of the child. The legislature has established exceptions within the Florida statutes that allow for child support to be adjusted above the Guidelines for special needs and extraordinary medical, psychological, educational, or dental expenses.
The legislature has provided this built-in exception with the understanding that special needs can take a tremendous financial toll on all parties involved. In addition to the standard costs of raising children (food, education, and housing), costs associated with special needs children can further include: emotional, physical, and behavioral therapies, particularized health insurance, specialized day care, and additional uncovered medical bills. These costs are all considerations that need to be made during a divorce proceeding when special needs children are involved.
Alimony and Special Needs
Not only may Child Support be adjusted to fit the special needs children may have, but alimony may be adjusted as well. Alimony can be awarded in a divorce depending on a variety of factors, including the length of the marriage. However, parents who care for special needs children may be entitled to an increase of alimony, even in cases where permanent alimony would normally not have been warranted. Judges in Florida have the discretion to deviate from alimony norms when special needs children are involved. This is because often one parent leaves the workforce or takes a lower paying job with more flexibility in order to be able to coordinate special needs services and provide personal care their children’s special needs. The parent’s ability to work full time can be impaired because the parent is providing the additional care and attention to the child. If this is the case, the parent may need and be entitled to a higher award of alimony.
Divorces involving children with special needs can be overwhelming on the parties and the children. Understanding the issues involved is paramount to managing stress and providing the continued stability that special needs children require. If you are considering a divorce in Palm Beach County and have a special needs child, you should seek legal advice from a Palm Beach County Family Law Attorney who is experienced in such proceedings and who can help you navigate through the emotional and financial difficulties involved.
Stuart R. Manoff, Esq. Founder
Nothing is certain in life. The best of friends grow up and apart, in trying circumstances wear away trust and strong bonds. Attorney Stuart R. Manoff, founder of Manoff & Associates P.A. of West Palm Beach, has protected the interest and emotions of thousands of people experiencing the uncertainties of divorce for more than 25 years.
“We’re more than attorneys, we are counselors-at-law”, Manoff said. “Divorce is uncharted territory for many people, and we’re here to help them navigate this difficult heart wrenching process.”
Mr. Manoff, an experienced and trusted expert in marital and family law, has both successfully litigated high-profile cases before the court and quietly negotiated settlements resolving high-asset and income matters maximizing the benefits tailored to the needs and interests of this many clients.
He is a seasoned attorney sensitive to the emotions involved in every family law and divorce case. He and his staff take the time necessary to get to know his clients, their individual concerns and their needs. This time-tested approach has launched his stellar career and gained him widespread respect in the legal community.
Mr. Manoff’s success is the result of more than 25 years of research, study and practice. His team of attorneys, paralegals and support staff, approach each case with compassion and sensitivity. Even in those rare cases when all efforts to negotiate are exhausted, Mr. Manoff has the knowledge and courtroom savvy to fight for his clients’ interests through the daunting process of a trial.
“Every client deserves a strong advocate in the board room and the court room,” he said. “That’s my job.”
SPECIALITIES:
Board Certified in Marital & Family Law Since 1994, Child Custody, Child Support, Prenuptial Agreements, Postnuptial Agreements, Alimony, Equitable Distribution, Enforcement Proceedings, Marital Settlement, Agreements, Modification Actions, Timesharing
YEARS IN PRACTICE: 27
EDUCATION:
B.A. Psychology: University of Maryland,
College Park
J.D.: University of Miami School of Law
The Law Office of Stuart R. Manoff
515 N Flagler Dr., Suite 2125 West Palm Beach, Fl.
33401 (561) 449-2747
www.manofflaw.com
