Parenting a child with special needs can place significant financial and emotional demands on a family. The complexities of a divorce can add another layer of challenge to this already difficult situation.
When one spouse has primarily been caring for a child with special needs and will continue to do so after the divorce, spousal support can help them accomplish their parenting duties. If you are the primary caregiver of a child with special needs, pursuing spousal support may be an important part of your divorce settlement.
The role of spousal support in Texas
Texas courts do not automatically award spousal maintenance in every divorce. It is typically reserved for situations where one spouse has a demonstrated financial need. However, the parent providing primary care to a child with special needs may have limited opportunity to earn income. There may be a demonstrable need to devote time and attention to the child, making full-time employment difficult or impossible. The court will consider this when deciding whether spousal support is appropriate.
Factors considered in spousal support
Texas law allows courts to consider several factors when determining spousal support. For a parent caring for a child with special needs, the court will evaluate the child’s specific requirements. This may include the level of care needed, medical expenses, special education costs and whether the child will need lifelong care. The court will also look at the parent’s ability to meet these needs financially without support from the other spouse.
Additionally, the court will examine the paying spouse’s ability to provide support while maintaining their own financial stability. The goal is to strike a balance between both parents’ financial situations while prioritizing the child’s needs.
Long-term considerations
In cases where the special needs of the child will continue into adulthood, the court may structure spousal support to extend over a longer period. Texas courts can modify the support arrangement if circumstances change. An increase in the care needs of the child or a significant shift in the financial situation of either parent can be common examples of long-term considerations.
Securing spousal support when caring for a child with special needs can help ensure that the child receives the necessary care while allowing you to maintain financial stability. Spousal support is never a guarantee in Texas, so it is important to present evidence of your financial situation and your child’s needs.