When a child has special needs, every part of a Virginia divorce, the parenting schedule, the support number, the long view of adulthood, has to be built around who your child actually is. We have done this work, and our partner Corrie Sirkin contributed to a national publication on it.
First call is a conversation, not a commitment.
One-size-fits-all does not work for a child with special needs. Your parenting plan, your support number, and your long-term plan all need to be built around your child.
A special-needs case is rarely a one-stop event. We help you build a plan that works during the divorce, holds together through the age-18 transition, and supports your child into adult life.
The Virginia child support guidelines work for routine costs. They do not begin to capture what raising a child with special needs actually costs. Under Va. Code § 20-108.1, the court can deviate upward when these expenses are documented. The receipts matter.
For a child with significant needs, these four areas all have to be addressed, ideally well before the 18th birthday. Wait too long, and benefits and protections can quietly disappear.
If your adult child cannot make legal, medical, or financial decisions safely, a court-appointed guardian or conservator may be appropriate. The petition is filed in the circuit court where the dependent lives.
Legal AuthorityA trust that holds money for the dependent without counting against benefits. Child support, equitable distribution payments, life insurance, and inheritances should all be routed through it.
Protects BenefitsSome adult children continue living at home. Others move into group homes, supportive housing, subsidized housing, or assisted living. The right choice depends on the dependent and the family.
Where & HowSSI, Medicaid, and other benefit programs each have their own eligibility rules. Income and assets can disqualify a dependent unless the structures are set up correctly.
SSI · MedicaidMoney paid directly to a person on SSI or Medicaid can push them over the asset limit and cost them coverage they cannot replace. Child support, equitable distribution awards, and life insurance proceeds all need to be structured to flow through a special needs trust, not directly to the dependent.
This is also true for grandparents and other relatives. A well-meaning inheritance left directly to a dependent with special needs can quietly undo years of careful planning. We coordinate with a trusts and estates attorney to keep that from happening.
From the first parenting plan through long-term planning for adult life, here is the work we take on, grouped to make it easier to find what fits your family.
Schedules built around routines, sensory needs, transitions, and the number of changes your child can handle in a week.
Built Around Your ChildThe 10 best-interests factors apply, but each parent's ability to assess, advocate for, and meet your child's needs gets extra weight.
Va. Code § 20-124.3Va. Code § 20-108.1 lets the court deviate upward for special-needs costs. We help you build the record that supports it.
Va. Code § 20-108.1Property division structured to keep the home, vehicles, equipment, and accounts that your child's care depends on.
Care-Focused DivisionCoordinating with doctors, therapists, school staff, financial advisors, and trust attorneys so your legal plan fits your child's real life.
Team ApproachProvisions that cover medication, therapy attendance, IEP meetings, communication with providers, and decisions during medical events.
No GapsContinued support under Va. Code § 20-124.2 when the dependent is severely and permanently disabled, cannot live independently, and resides with the receiving parent.
Three ConditionsCoordinated with estate counsel to receive child support, settlements, life insurance, and inheritances without disqualifying benefits.
Protect EligibilityCourt appointment of a guardian or conservator when your adult child cannot make legal, medical, or financial decisions independently.
Legal AuthoritySSI, Medicaid, and other programs each have eligibility rules. We work with your team to keep what your child qualifies for.
SSI · MedicaidBeneficiary designations coordinated with the trust so a parent's death does not unintentionally disqualify your child from benefits.
Beneficiary StrategyFor families that will co-parent a dependent adult, agreements that hold up through decades, not just until graduation.
For The Long Run"The divorce ends. The plan you build for your child does not. Build it that way from day one."
A family law attorney alone cannot solve this. We work alongside trusts and estates counsel, financial advisors, your child's medical and educational providers, and sometimes a guardian ad litem. The earlier the team is together, the cleaner the plan.
Mileage to therapy. Co-pays. Sensory items. Adaptive equipment. Specialized clothing. Nonparental caregivers. Vehicle and home modifications. Each one is small until you total a year of them. Va. Code § 20-108.1 lets the court go above the guideline, but only with the receipts.
Guardianship, special needs trusts, SSI applications, and continued child support under Va. Code § 20-124.2 all have lead times. Decisions made the month before the 18th birthday rarely land well. Decisions made two years before usually do.
A special-needs divorce is not the case to learn on. Here is what we bring to your family.
Decades of Virginia family law work, including divorces involving children with significant needs.
Partner Corrie Sirkin contributed to the Academy's national publication and companion CLE on special-needs divorce.
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.
Real reviews from real Virginia families we have stood beside in court.
"Corrie took the time from the second that I met her until the very last day to answer all of my questions, explain every detail and make sure that I was 100% comfortable moving forward through every step of the process."
Read what families across Northern Virginia have shared about working with our attorneys.
These are the questions we hear on a first call. If you have a different one, we are happy to answer it directly.
Yes. Under Va. Code § 20-124.2, child support can continue past age 18 when the dependent is severely and permanently physically or mentally disabled, is not able to live independently or support themselves, and still resides in the home of the parent receiving support. All three conditions must be met. Planning for this should start well before the child turns 18, because the order needs to address continued support before emancipation cuts it off.
Yes. Va. Code § 20-108.1 allows the court to deviate from the standard child support guidelines when a child has special needs resulting from any physical, emotional, or medical condition. Documented out-of-pocket costs for therapy, equipment, medications, specialists, nonparental caregivers, and similar expenses can support an upward deviation. The more detailed your records, the stronger the argument.
A special needs trust is a legal arrangement that holds assets for the benefit of a person with disabilities without those assets counting against them for government benefits like Supplemental Security Income or Medicaid. Money intended for the person can flow into the trust rather than directly to them, preserving eligibility for the programs they depend on. Child support, equitable distribution payments, life insurance proceeds, and inheritances all need to be structured carefully to avoid disqualifying benefits.
Virginia's 10 best-interests factors in Va. Code § 20-124.3 apply to every custody case, but certain factors carry more weight when a child has special needs. The court will pay particular attention to the child's physical and mental condition, each parent's ability to assess and meet the child's emotional, intellectual, and physical needs, each parent's involvement with the child's services and providers, and each parent's willingness to follow recommendations and obtain necessary care.
Now. Planning for an 18-year-old child with significant needs cannot wait until the 18th birthday. Decisions about guardianship, special needs trusts, government benefits, continued child support under Va. Code § 20-124.2, and long-term living arrangements all need to be addressed before emancipation. Starting the conversation a year or two in advance, longer if possible, prevents avoidable gaps in care and benefits.
Tell us about your family and what you are trying to protect. We work the legal side and coordinate with the rest of your team. Three offices across Northern Virginia, one phone number.
