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SPECIAL NEEDS CHILDREN

In Texas, the court makes special provisions for children with disabilities by increasing child support for the child with the disability. The court establishing the disability may also order other provisions for the child. Tex. Fam. Code Sec. 154.302 states:
  1. The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:
    1. the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and
    2. the disability exists, or the cause of the disability is known to exist, on or before the 18th birthday of the child.
Sec. 154.302 goes on to say "[a] court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child. The court may designate a child who is 18 years of age or older to receive the support directly."

The family attorneys at Underwood Perkins, P.C. also represent clients for guardianship proceedings. If you have a child with disabilities and are contemplating divorce or need assistance with another family law/guardianship matter, call our office today to schedule an initial consultation.

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