Attorney Resources

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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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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