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Divorcing Parents of Special Needs Children – Part 1: What You Don’t Know Can Hurt You

Writings on Legal Matters

Divorcing Parents of Special Needs Children – Part 1: What You Don’t Know Can Hurt You

Divorcing Parents of Special Needs Children - Part 1: What You Don't Know Can Hurt You by Joshua B. Hecht{4:15 minutes to read}

As divorce attorneys, sometimes we don’t know what we don’t know.

Our clients can sign the agreement, which has all of the traditional language. We may think we provided for each and every need of the child – their basic support, add-on activities, extra-curricular programs, perhaps a special school – but the question remains: What must we also consider when planning for a child with special needs? (more…)

Divorcing Parents of Special Needs Children – Part 2: What You Don’t Know Can Hurt You

Writings on Legal Matters

Divorcing Parents of Special Needs Children – Part 2: What You Don’t Know Can Hurt You

Divorcing Parents of Special Needs Children By Joshua B. Hecht{5:01 minutes to read} In our first article we discussed: 1) what divorcing parents of a child with special needs should know about structuring a settlement agreement; 2) how a Supplemental Needs Trust needs to be addressed in the Agreement to ensure that the child with special needs maintains eligibility for government benefits; and 3) how child support needs to be earmarked, allocated and ordered into the Supplemental Needs Trust to ensure continued government benefits.

In Part 2, we examine the effects of decision making within the agreement, maximizing medical benefits and planning for the transition from school into adulthood. (more…)

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