Child Support for Special Needs Children: What Utah Parents Need to Know

Raising a child with special needs means navigating a world filled with therapy appointments, IEP meetings, and big, sometimes scary, decisions. If you’re going through a divorce or custody negotiation in Utah, and your child requires ongoing care, your situation deserves special attention—legally and emotionally.

At Brown Family Law, we’ve guided hundreds of Utah parents through these complex, deeply personal cases. Let’s break down what you need to know—so you can protect your child’s future and your peace of mind.

Why Child Support Works Differently for Special Needs Children

Utah’s standard child support guidelines are designed for children who become independent at 18 or 21. But when a child has physical or intellectual disabilities that limit independence, the law recognizes the need for flexibility.

If your child needs specialized medical treatment, ongoing supervision, or adaptive education, the courts can—and often do—deviate from standard support amounts to accommodate those needs.

For example, your child may need:

Weekly speech, occupational, or ABA therapy
Custom mobility equipment or sensory tools
A paraprofessional in school or a home care aide
Specialized nutrition, medication, or housing

These needs are not “extras.” They are essential—and we make sure the court sees them that way.

If you’re not sure how to document these expenses, we can help. Schedule a divorce consultation to review your options.

What the Law Says About Support Beyond Age 18

One of the most misunderstood areas of Utah family law is what happens when a special needs child becomes an adult. Under Utah Code 78B-12-219, courts may continue child support if the child is “incapacitated from earning a living and without sufficient means.”

Translation? If your child can’t live independently due to their disability, support doesn’t have to end at 18.

This continuation isn’t automatic—you must petition the court before the child turns 18. The earlier, the better.

We’ve had clients in Salt Lake City and Provo mistakenly believe support ends the moment their child hits adulthood. With the right legal framework and supporting evidence, we’ve helped parents secure extended support that includes medical coverage and shared caregiving responsibilities.

Don’t let time run out on your support order. Here’s how we help Utah parents with long-term support.

Factoring in “Extraordinary Medical Expenses”

If you’ve looked through Utah’s child support calculator, you’ve seen the phrase “extraordinary medical expenses.” For special needs families, that term barely scratches the surface.

Consider:

Co-pays for specialists like neurologists or geneticists
Out-of-pocket therapy costs (many are partially covered at best)
Special education programs or private aides
Assistive technology like hearing devices or communication apps

According to the CDC, about 1 in 6 U.S. children have a developmental disability. The average lifetime cost of care for a child with autism is over $1.4 million (source).

We work with parents to present these expenses clearly and persuasively to judges who might not understand the full scope. And when we need outside voices—doctors, therapists, special educators—we bring them in.

Real Families, Real Outcomes

A few years ago, we represented a father in Ogden whose teenage son had Down syndrome. His divorce settlement hadn’t accounted for the son’s long-term needs. As graduation approached, he realized his son wouldn’t be able to live independently or find traditional employment.

We helped him reopen the child support case and present new evidence of his son’s daily needs. The court ordered extended child support and medical coverage, as well as the creation of a special needs trust to protect the child’s eligibility for SSI.

In contrast, we’ve also seen families wait too long to act—leading to legal gray areas that complicate everything from housing to insurance.

Need help preparing for your child’s transition to adulthood? Talk to an experienced attorney who understands Utah law and lifelong planning.

Government Benefits & How They Interact with Support

If your child receives Supplemental Security Income (SSI), Medicaid, or other disability benefits, you must be careful with how support is structured. Too much direct cash support can inadvertently disqualify your child from essential benefits.

That’s why we often recommend that support payments for adult children with disabilities be made to a third-party trust or directed toward specific expenses. These strategies protect access to programs while still ensuring your child’s needs are met.

We collaborate with trusted estate planning attorneys when needed to build comprehensive, future-focused plans.

Learn how child support and public benefits can coexist. Let’s explore your options.

Co-Parenting a Child with Special Needs

Co-parenting a child with special needs requires more than alternating weekends and holidays. It involves:

Coordinating care schedules
Attending medical or IEP meetings together
Agreeing on consistent routines and therapies
Advocating as a unified front (even post-divorce)

But what happens when one parent resists or downplays the child’s needs?

Utah courts don’t tolerate neglect or indifference when a child’s wellbeing is on the line. With proper legal counsel, you can request modified custody, supervised visitation, or court-ordered adherence to medical recommendations.

Not all attorneys understand the nuance of these cases. Here’s what makes us different.

Final Thoughts: Your Child Deserves a Strong, Stable Future

No parent ever expects to face the double challenge of divorce and disability. But you’re not alone and you’re not powerless.

With the right support, guidance, and advocacy, you can secure a better future for your child. At Brown Family Law, we blend compassion with legal strategy to make sure your voice—and your child’s needs—are heard loud and clear.

Whether you’re just beginning your divorce or revisiting an outdated child support order, we’re here to help.

Call (801) 685-9999 or book your divorce consultation today. Let’s talk about what’s possible for your peace of mind, and your child’s future.

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Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.