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Children With Disabilities

In any situations when the parental structure has broken down and separation is imminent, children are the ones most affected by this drastic change.  Some adults can hardly cope with the extreme change in the structure of their lives; and young children can cope even less as the world as they knew it cease to exist.  In Colorado parents going through acrimonious divorces can tarnish the environment beyond recognition which makes children act upon their feelings or desertion and fear.  Children with disabilities are the ones who suffer most from this discord between the adults.

There is always a fear by the courts in Colorado that the needs of the children will not be met adequately. Thought most child support cases are straight forward, there are some instances when deviation from the norm is imminent and one of those instances is when children with disabilities are involved.

The general rule of thumb followed as set forth by the statute of Colorado, is that child support and the duty to pay child support is terminated when the child reaches 19 years of age. If the child is physically or mentally challenged, the court may order that child support be continued and the payments for medical expenses reach far beyond the age of 19.

In divorce situations the parent who is most capable of caring for the disable children, which is usually responsible for the disable child permanent place of residence, is the one who receives child support from the ex-spouse. Most courts will accept “disabled” as purported by the Social Security Administration to be proof enough of the disability.

The money is assumed to be used to take care of the needs of the child; financially and other wise. As the uses of this money can or may be called into question by the party who is ordered to pay it the Social Security Administration has detailed insight of the requirements of the child and how these requirements are should be met; such as the financially responsibility for transport, doctor’s visits, special medical equipment, special school, special food and other dietary concerns.

When divorce has become a part of your existence and the threat of your disable child is looming there will always be questions and queries. There is no easy way to address this rancorous situation. Your child will always be the product of both of you and the Colorado legislature recognizes and makes provisions to protect the rights and the needs of the child.

The content of this page is for general informational purposes only, and should not be considered advice in your case. If you’re getting a divorce, you need a Denver divorce attorney who knows the intricacies of divorce in Colorado and the details of the law.

Call for a FREE consultation 720-500-7778. All inquiries are strictly confidential.