Raising a child with special needs can bring a level of care and expense that goes beyond what’s typically covered by a standard child support order. Medical appointments, therapy, specialized education, and daily care routines can quickly add up.
In Arizona, child support orders can be modified to account for these additional needs. If you’re seeing changes in your child’s condition or the overall costs of care, it may be time to consider a modification. We’re here to help you understand what’s possible and how to prepare.
Arizona’s Approach to Child Support for Special Needs Children
Arizona courts understand that not all families face the same challenges. When a child has special needs, the law allows the court to consider those circumstances and go beyond standard support guidelines.
A support order for a special needs child can include:
- Regular therapy appointments (speech, physical, occupational, behavioral)
- Long-term medical treatments or recurring prescriptions
- Adaptive equipment or mobility aids
- Additional transportation costs related to appointments or school
- Specialized childcare or in-home assistance
In some situations, child support can even continue beyond the age of 18 if the child is unable to live independently due to a disability. Each case is different, and the court will look at both the child’s specific needs and each parent’s financial resources when determining how much support is appropriate.
When and Why You Can Request a Modification
In Arizona, you can request a child support modification when there’s been a “substantial and continuing change” in circumstances. That threshold is often met when caring for a child with special needs, as medical and educational needs tend to change over time.
Some common reasons parents request a modification include:
- A new diagnosis that increases the child’s care needs
- Higher out-of-pocket costs for treatment, therapy, or prescriptions
- Enrollment in a specialized school or therapeutic program
- A significant change in one parent’s income or health insurance coverage
Either parent can request a review of the current child support order. If you’ve been paying for increasing care costs out of pocket, it’s worth exploring whether the support amount should be adjusted.
Covering Medical, Educational, and Daily Care Expenses
Support orders for special needs children can go well beyond food, clothing, and shelter. Courts can include specific provisions to address medical, educational, and other essential expenses.
Some of these may include:
- Co-pays, deductibles, and ongoing therapy costs
- Tuition and related fees for private schools or programs tailored to the child’s needs
- Behavioral or developmental interventions not covered by insurance
- In-home respite care or part-time caregivers who help with daily routines
In short, anything necessary to support the child’s health, education, and well-being can be considered when the court reviews a modification request.
How to Document and Support Your Request
When asking the court to modify child support for a special needs child, clear documentation can make all the difference. The more detailed your records, the easier it is to demonstrate how the child’s needs have changed.
We recommend gathering:
- Medical evaluations, diagnoses, and updated treatment plans
- Letters or records from therapists, teachers, or healthcare providers
- Invoices for services or recurring care-related expenses
- Monthly budgets outlining expected future costs
You don’t have to go through this process alone. An attorney can help you organize this information and submit it to the court in a way that supports your request. If both parents agree on the proposed changes, you can file a written stipulation, but the court still needs to approve it to make the new terms official.
Putting Your Child’s Needs First
When your child’s care needs change, your support order should reflect that. Arizona law gives you the ability to request an update that better matches your child’s current situation. Whether it’s more frequent therapy sessions, a new school, or the rising cost of medical care, you deserve a support order that truly supports your child.
At Cohen Family Law, we understand what’s at stake. We’ll help you take the right steps to modify your support order and ensure your child gets the resources they need. Reach out today to schedule a consultation and find out how we can help.