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Attorney Resources

Providing attorneys with the specialized guidance, risk-mitigation tools, and case-planning frameworks required to protect benefits and strengthen outcomes in divorces involving a child with disabilities.

Quick Access Tools

Case Complexity Indicators

A concise, attorney-oriented assessment tool that helps attorneys identify the legal, financial, and benefits-related risks most likely to destabilize a special needs divorce case.

Decree Language Essentials

Key clauses and drafting principles that help attorneys avoid benefit‑disrupting language and strengthen long‑term stability for the child.

Benefits Interaction Map

A clear, visual overview of how SSI, Medicaid, child support, alimony, and parenting‑time decisions interact — and where attorneys must proceed with precision.

Attorney Intake Checklist

A structured set of questions that ensures attorneys capture the critical medical, educational, financial, and benefits‑related details at the start of the case.

Template & Checklists

A curated library of attorney‑ready tools designed to support precise drafting, accurate intake, and benefit‑safe case planning in special‑needs divorce matters.

Benefit‑Safe Support Template
A structured drafting template that helps attorneys frame child support, alimony, and shared‑expense arrangements in ways that avoid SSI/Medicaid disruption and preserve long‑term stability for the child.
Attorney Intake Checklist
A comprehensive intake tool covering medical, educational, financial, and benefits‑related details — ensuring attorneys capture the critical information required to assess risk and plan the case effectively.
Transition Milestones Checklist
A clear, age‑based roadmap outlining key service changes, eligibility shifts, and planning milestones attorneys must anticipate as a child with disabilities moves toward adulthood.
Post‑Divorce Reporting Checklist
A practical reference detailing what families must report, when, and to whom — helping attorneys prevent benefit interruptions and maintain compliance after the decree is finalized.

Guidelines & Frameworks

The frameworks below reflect the core decision structures I use when advising attorneys on complex special‑needs divorce cases. Each one distills national‑level best practices into clear, attorney‑ready guidance that strengthens case strategy and protects long‑term benefits.

Benefit‑Safe Support Framework
A structured decision model for evaluating how child support, alimony, and shared‑expense arrangements interact with SSI, Medicaid, and long‑term eligibility rules — ensuring attorneys avoid benefit‑disruptive structures before they reach the decree.
Long‑Term Planning Timeline
A chronological roadmap outlining the key transitions, eligibility shifts, and planning milestones that shape a child’s benefits trajectory from childhood into adulthood.
Decision‑Making Authority Map
A clear framework for allocating legal, medical, educational, and financial authority across parents, guardians, and agencies — helping attorneys prevent conflicts, gaps, and unintended loss of services.
Risk‑Assessment Framework
A structured method for identifying, categorizing, and prioritizing benefit‑related risks in a divorce case — enabling attorneys to anticipate issues before they become costly disruptions.

CLEs & Training

I deliver attorney‑focused CLEs and professional trainings that translate complex special‑needs planning rules into clear, actionable guidance. Each program is designed to strengthen case strategy, reduce risk, and elevate the quality of representation for families with disabilities.

Benefit‑Safe Support CLE
A deep dive into structuring support in ways that preserve SSI/Medicaid eligibility and prevent long‑term benefit disruption.
Advanced Case Strategy Workshop
A scenario‑based training that helps attorneys identify risks, evaluate options, and build benefit‑safe case plans.
Special‑Needs Divorce Essentials
A foundational training covering the legal, financial, and benefits‑related issues attorneys must anticipate in every case.
Firm‑Wide or Bar Association CLE
A customizable program tailored to the needs of firms, bar associations, and professional groups seeking specialized education.
Request a CLE or Training

Latest Attorney Insights

The articles below reflect the national‑level guidance I provide to attorneys handling complex special‑needs divorce cases. Each post distills current best practices into clear, actionable insights that strengthen case strategy and protect long‑term benefits.

Presentation slide titled “Mistake #2: Misunderstanding How Support Impacts Benefits” on a dark red background, explaining how well‑intended financial decisions in a special‑needs divorce can trigger benefit loss.
Attorney Resources
Bret Hortin

Mistake #2: Structuring Support and Assets in Ways That Destroy Benefits

In a special‑needs divorce, the financial structure of support determines whether a child keeps or loses essential benefits. Standard child support, alimony, and asset‑division models often create countable income under SSI and Medicaid, triggering the loss of medical coverage, therapies, and waiver services. When attorneys assume that “more support is better,” they unintentionally collapse the benefits ecosystem. Protecting eligibility requires a different financial model — one built around federal counting rules and benefits‑safe channels that keep the child’s supports intact.

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July 7, 2026 No Comments
Maroon and cream graphic labeled “The Child's Lifetime Financial Trajectory," representing a guide for parents navigating special needs divorce.
Attorney Resources
Bret Hortin

Mistake #4 Ignoring the Lifetime Financial Trajectory of the Child

When a child has a disability, the divorce decree becomes more than a snapshot of the family’s current reality — it becomes the financial engine that will shape the child’s stability for decades. The most costly mistake attorneys make is treating the case as if the child’s needs end at age 18. Benefits shift, income rules change, and support structures evolve across adulthood. If the decree isn’t built around the child’s lifetime financial trajectory, predictable transitions at ages 18, 22, and beyond can trigger benefit loss, service gaps, and long‑term instability. Attorneys who plan for the full lifespan protect not only the child’s future, but their own professional integrity.

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April 27, 2026 No Comments

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Contact

Get in Touch

If you’re working on a case involving SSI, Medicaid, or long-term eligibility, I’m here to help you navigate the details with clarity and confidence.

Email
bret@hortindivorce.com

Phone
385-257-4246

Location
Salt Lake City, Utah
Supporting attorneys and CDFAs nationwide.

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