When it comes to supporting a child with disabilities, financial considerations can be complex and emotionally charged. In Missouri, child support obligations could end when a child reaches the age of 18 unless one of the statutory exceptions applies as set forth in Section 452.340 RSMo. For parents of a child with disabilities, circumstances may warrant an extension of child support beyond these standard timelines as set forth in Section 452.340.4 RSMo. This blog post will explore how to extend child support for a disabled child in Missouri, covering the legal framework, necessary steps, and practical advice.
Understanding Child Support in Missouri
Child support in Missouri is governed by state law, specifically Chapter 452 of the Revised Statutes of Missouri. The primary goal of child support is to ensure that a child’s basic needs such as food, clothing, shelter, and education are met. When a child has a disability, their needs may extend beyond the usual support considerations, making it essential for parents to understand their rights and options.
What is the Legal Framework to Establish Child Support?
In Missouri, child support can be established, modified, or terminated based on various factors. Section 452.340.1 RSMo states that the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the support of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:
- The financial needs and resources of the child;
- The financial resources and needs of the parents;
- The standard of living the child would have enjoyed had the marriage not been dissolved;
- The physical and emotional condition of the child, and the child’s educational needs;
- The child’s physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and
- The reasonable work-related childcare expenses of each parent.
When Can Child Support Be Extended?
Missouri law allows for the extension of child support in certain situations, particularly when a child has a disability that impacts their ability to be self-sufficient. The Missouri courts recognize that some disabilities may prevent a child from becoming financially independent, thereby justifying continued support from the parents.
What is the Legal Basis for the Extension of Child Support?
Missouri Revised Statutes, Section 452.340, provides the legal framework for extending child support. Specifically, Section 452.340.4 states that if a “child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child’s eighteenth birthday.”
What Steps Should I Take to Extend Child Support for a Disabled Child?
Step 1: Gather Documentation
Before seeking an extension of child support, parents should gather all necessary documentation that supports their case. This may include:
- Medical Records: Documentation from healthcare providers that outlines the child’s disability and its impact on their ability to be self-sufficient.
- Educational Assessments: Reports from schools or educational institutions that detail the child’s needs and any special accommodations required.
- Financial Records: Information about the child’s expenses related to their disability, such as therapy, medical treatment, or specialized care.
Step 2: Consult an Attorney
Navigating the legal system can be daunting, especially when dealing with sensitive issues like child support. It’s advisable to consult an attorney who focuses his or her law practice in family law and has experience with child support cases involving disabilities. An attorney can provide guidance on understanding legal rights and obligations, preparing and filing necessary paperwork, and representing you in court.
Step 3: File a Motion to Modify
To formally request an extension of child support, parents must file a Motion to Modify with the family court in the county where the original child support order was issued. This motion should include a clear statement of the reasons for the requested modification, evidence supporting the child’s disability and the need for extended support, and information about any changes in the parent’s financial situations that might affect support.
Step 4: Attend the Hearing
Once the motion is filed, one or more court hearings will be scheduled. The first is usually a status conference to discuss the facts of the case with the opposing attorney and the judge assigned to the case. If no settlement appears imminent, the judge will normally refer the case for mediation prior to the next court date. If no agreement is reached at mediation, the case is usually set for a pretrial conference to more formally discuss the facts of the case and the evidence supporting the Motion to Modify with the court. If no settlement is reached at the pretrial conference, the case is usually set for a trial. During the trial, both parents will have the opportunity to present evidence and arguments regarding the child’s needs and the appropriate level of support. It may be beneficial to have expert witnesses, such as medical professionals or therapists, testify about your child’s needs at the trial. You should discuss a trial strategy with your attorney so there is no misunderstanding about what is necessary to win the Motion to Modify.
Step 5: Receive the Court’s Judgment
After reviewing the evidence presented, the court will issue a judgment regarding the modification of child support. If the court grants the Motion to Modify, a new child support order will be established that reflects the needs of the disabled child.
What Else Should I Consider?
1. Duration of Support
If the court approves the extension of child support for a disabled child, it may set specific terms regarding the duration of support. This could be until the child reaches a certain age, completes education or vocational training, or demonstrates the ability to support themselves. It’s essential for parents to understand these terms and remain compliant with court orders.
2. Potential Changes in Circumstances
Life circumstances can change, and either parent may wish to modify the child support agreement in the future. If there are significant changes, such as changes in income or the child’s needs, a new motion for modification may be necessary.
3. Impact on Other Benefits
Receiving child support for a disabled child may affect the child’s eligibility for certain government benefits, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). It’s crucial to understand how these benefits work and consult with a financial advisor or social worker familiar with disability benefits.
Conclusion
Extending child support for a disabled child in Missouri is a crucial process that requires understanding the legal framework and taking specific steps to advocate for the child’s needs. Parents must gather documentation, consult with legal professionals, and effectively communicate the child’s needs in court. With the right approach and resources, parents can secure the necessary support to ensure their child’s well-being and quality of life.
If you’re a parent navigating this journey, remember that you’re not alone. Utilize the resources available to you, seek support from professionals and peers, and remain persistent in advocating for your child’s needs. Child support is not just a financial obligation; it’s an essential component of ensuring a stable and nurturing environment for children with disabilities.
Should you need the assistance of an experienced divorce and child support attorney in Creve Coeur and O’Fallon or have questions about your divorce situation, know that we are here to help and ready to discuss those questions with you.