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Child Support for Special Needs Children in Connecticut Divorce
Connecticut has existing child support laws that address child support for special needs children who qualify. These laws should not be overlooked in a pending divorce or custody case as they can be enormously helpful.
Basic Requirements for Supplemental Child Support in Connecticut
The basic requirements to qualify for supplemental support are: (1) A child with an intellectual disability, mental disability, or who is physically disabled as defined by statute; (2) The child must reside with a parent; and, (3) The child must be principally dependent upon such parent for maintenance.
The parents of a special needs child who are contemplating a divorce or a pursing a child custody action should consult with legal counsel to help consider whether their child(ren) meet the statutory requirements for special needs child support. Ultimately, if the parents cannot agree whether the criteria apply, the issue can be decided by a judge.
Age Limits for Child Support in Connecticut
Existing child support laws in Connecticut (for children without special needs) terminate child support awards when child attains the age of eighteen (18) — unless that child remains enrolled in high school.
If a child remains in high school, child support can continue until the first to occur: high school graduation or the child attaining the age nineteen (19).
Existing laws, for a child who qualifies as “special needs” allow a judge to extend child support awards through the age of twenty-one (21). The statute also provides flexibility to family judges to enter enhanced support orders that are specifically attuned to a particular child’s unique needs.
Connecticut Extends Age Limit of Child Support for Special Needs Children Who Qualify (2023)
Changes in the law will be effective as of October 1, 2023. The same eligibility criteria already in place will apply under the new statute. The big change in the law is that child support orders will be able to be extended until a qualifying special needs child attains the age twenty-six years (26).
This change is an important recognition that special needs children can require support even longer in life, and allow family courts to provide relief on a case-by-case basis to address individualized children’s special needs, rather than requiring the strict application of Child Support Guidelines for qualifying special needs children.
An experienced divorce and family law firm can you explore both the existing and new child support laws to best provide for the needs of your child.
Call our sophisticated Westport Family Law Attorneys to Learn more about Child Support for Special Needs Children in Connecticut Divorce
The lawyers at Needle | Cuda harness the benefits of child support laws in Connecticut for special needs children who qualify. Provide for the unique needs of your special needs child. Schedule a consultation with our Westport lawyers by calling 203-557-9500 or by contacting us online.
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Does Connecticut require child support for special needs children?
Yes. Under Connecticut General Statutes § 46b-84, parents may be required to provide child support for a child with intellectual, mental, or physical disabilities. A 2023 amendment extended the age limit for support of qualifying special needs children beyond the standard age of majority.
Until what age must Connecticut parents pay child support for a special needs child?
Standard Connecticut child support ends at age 18 (or 19 if still in high school). For children with significant intellectual, mental, or physical disabilities, the 2023 amendment extends support up to age 21, and in some qualifying cases, beyond, provided specific statutory criteria are met.
What qualifies a child as 'special needs' for extended support in Connecticut?
A child generally qualifies if they have an intellectual, mental, or physical disability that prevents self-support, and the disability existed before reaching the age of majority. Courts review medical, educational, and functional records to determine whether the statutory criteria are met.
Are educational and therapy costs included in special needs child support?
Special needs costs, therapy, special education programs, adaptive equipment, in-home care, and medical treatment, are commonly addressed as supplemental support beyond the basic Connecticut Child Support Guidelines. These extraordinary expenses are typically divided pro-rata between the parents based on income.
How does a Connecticut court determine special needs child support amounts?
Courts begin with the Connecticut Child Support Guidelines and then deviate upward to account for the actual cost of the child's care, therapies, medical needs, and supervision. The court considers each parent's income, the child's specific needs, available government benefits, and the standard of living the child would have enjoyed.
