It’s important not to make assumptions about considerations in child support for special needs trusts until you’ve spoken with an attorney who practices family law. While child support is an area of family law that tends to be strictly regulated, adding considerations in child support for special needs trusts “to the mix” tends to make an otherwise straightforward area of law far more complex. This is one of the reasons why it’s important not to make any assumptions about the relative legal strengths and weaknesses of your case until you speak with an attorney knowledgeable in this area of law.
Child Support and Special Needs Trusts – The Basics
In the United States, parents (whose legal rights have not been surrendered voluntarily or taken away) are obligated by law to provide for their children financially. Ordinarily, this obligation ceases when a child turns 18, when a child graduates from high school, or – under certain circumstances – when a child graduates from college. However, there are situations wherein parents remain financially obligated to care for their adult children. Such obligations generally only arise when children are born with significant disabilities or develop significant disabilities in childhood that render them unable to care for themselves independently as adults.
Oftentimes, children and dependent adults with disabilities are beneficiaries of special needs trusts. Special needs trusts are “tools” used to legally manage the finances and care-related resources of an individual with disabilities. States vary in regard to how they treat trust-related assets when it comes to child support. Depending on the specifics of state law, the type of trust in question, and the ways in which the assets are being used, it is possible that the trust assets can be used to offset or minimize a parent’s obligation to pay child support. However, this opportunity isn’t always available or appropriate. Again, when it comes to this area of law, details of a family’s situation and the nuances of state law matter. This reality can be frustrating for parents looking for a straightforward answer to their concerns. Thankfully, an experienced attorney can clarify any family’s unique situation so that those affected can make informed choices about their options moving forward.
Legal Assistance Is Available
If you have questions about child support, special needs trusts, or any other aspect of family law, please contact the experienced legal team at the Law Office of Jason Wright, PLLC to schedule a consultation today. No two sets of family circumstances are exactly alike. As a result, the law provides guidance related to how certain situations should be handled, but when it comes to resolving family law disputes and challenges, details matter. Our team would be honored to help your family manage its unique legal needs. When you arrive for your initial consultation, we will be able to clarify any concerns you have regarding considerations in child support for special needs trusts – and any other matter that may be weighing on your mind at this time.