Last week I outlined some considerations to be made in divorce negotiations as it relates to child support as well as child custody and your parenting plan when caring for a child with special needs. This week I will highlight spousal support and recordkeeping.
Texas is known for not being friendly when it comes to spousal support, however if your child requires around the clock care which limits the main caregiving parent the ability to work and support themselves, then spousal support can be a tool to support that caregiving parent to continue that role. However, if the caregiving parent must work then you need to determine how respite care would be paid for, if not with spousal support.
As you negotiate your settlement be sure to bring all your child’s records to assist in the negotiation. These may include a care notebook, time each parent spends caring for the child, and a detailed list of all medical expenses. Properly structuring and negotiating your divorce agreement will be imperative to the care of your child with disabilities. There are resources available to aid you and your spouse through this process. I strongly encourage you to include a family law attorney, therapist for you and your child, estate planning attorney that specializes in special needs trusts, and a Certified Divorce Financial Analyst® (CDFA®) for financial guidance and coaching. For more information contact Next Step Divorce Solutions, LLC.