Divorce can be even more complicated and challenging than usual when a minor child, an adult child, or a spouse has special needs, whether they be mental, developmental, or physical in nature. It is critical that the parties to the divorce keep these needs in mind throughout the divorce process to best provide for the family member with special needs while retaining access to important government benefits such as Medicaid, Supplemental Security Income (SSI), and other disability programs. To receive indefinite child support as allowed under the Texas Family Code and maintain government benefits, the family court must order the creation of the child support Special Needs Trust in the Final Decree of Divorce or Modification Order and approve the child support Special Needs Trust.
If you or your spouse has a disability that renders one incapable of self-support, one may be eligible to be awarded spousal maintenance by a court.
