Special Needs Children & Divorce
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Special Needs Children And Divorce in Winfield

Aurora Attorneys Representing Children and Families with Special Needs

Sometimes, children with special needs suffer from extreme disabilities that require a high level of professional care. Typically, however, children may be dyslexic, traumatized by a previous event, or suffering from a mild or moderate physical disability. When the parents of these children divorce, the parents often disagree as to the amount of child support. Child visitation/parenting time and custody/parental responsibilities may be issues as well. Frequently, the obligor parents, essentially, deny that the children are disabled while the obligee spouses insist on a wide range of services.

At Pesce Law Group, P.C., our attorneys represent a wide range of families throughout DuPage County and surrounding jurisdictions. We partner with doctors, psychiatrists and other professionals, whenever necessary, to help ensure that the child support order is in the best interest of the children.

Additional Child Support

Section 505 of the Illinois Marriage and Dissolution of Marriage Act specifically mentions a number of reasons that a judge may deviate from the statutory guideline amount and order the obligor parent to pay additional child support. These cases include matters such as:

  • Children's Personal Needs: If children have additional emotional, mental, or physical needs, the custodial parents should not have to struggle to meet these needs by themselves.
  • Additional Unreimbursed Medical Expenses: Even the most comprehensive health plans may require significant out-of-pocket expenses, for items such as copays and deductibles. Other items may be outside the scope of the plan entirely.
  • Children's Educational Needs: Many children with mild to moderate learning disabilities may require outside tutoring and/or other resources.

To depart from the guidelines, the judge must state what the statutory guideline amount would have been, and include specific findings of fact in the child support order.

Evidence Required

In most cases, both parents want orders that reflect the best interests of the children, but they may disagree as to what is "best" in a particular situation.

To support a request for additional child support, there should be a written diagnosis from an independent and qualified professional. Ideally, this same person should recommend a course of treatment or therapy. If the obligor spouses wish to have their own evaluation, a judge typically grants that petition, so long as the requesting party bears the entire cost. Other evidence may include testimony from teachers and other school personnel, as well as the children's medical records. 

It is not unusual for a judge to appoint a Guardian ad Litem for children, and Mr. Pesce is fully qualified to serve in this capacity.

Special needs children should not create undue financial burdens for their families. If you are facing divorce, contact Pesce Law Group, P.C. at 630-352-2240 for a free consultation today. Convenient payment plans are available.

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