Special Needs Families Need Special Family Lawyers

Two Special Needs Children in Minnesota

Many years ago, my brother (who had two special needs children in Minnesota) and his wife divorced.　 As part of their Divorce, they had to work closely together in order to resolve issues related to the ongoing medical needs of their, the allocation of waivered services provided under TEFRA (Tax Equity and Fiscal Responsibility Act) that paid for the personal care attendants (pca’s), housing modifications needed for the children, and therapies not covered by medical insurance.　 Parenting was complicated by the fact that pca services were provided in only one home, and as the children’s condition worsened, it became difficult to transport the children for parenting time.　 Once the children qualified for social security benefits, my brother and his former wife needed to determine who would be the children’s representative payee.　　 Both of them had to coordinate their efforts in able to ensure that the children had appropriate Individualized Education Plans through their schools.  Additionally, they had to work with educators, social workers and care providers to ensure that the children’s care plans were appropriate and that benefits would continue uninterrupted.

Schools and Dhs Fees

At one point, the school district (in Minnesota) decided that it could not provide curbside busing service to my oldest niece, who was blind and in a wheelchair.　　 My brother and his ex-wife needed to work together to ensure that busing was reinstated so that she could get to school.　 The effort required them to file a complaint with the Minnesota Department of Education, and it was not resolved until the school district was forced to mediate.

At another time, the Minnesota Department of Human Services (DHS) miscalculated the parental fee my brother owed to the government, because the children received TEFRA benefits, at the same time the fee was quadrupled.　 With the help of an attorney, he was able to resolve almost all of the issues with respect to the miscalculation.

Divorced Families with Handicapped Children

Not only do special needs parents who are divorcing have to figure out custody and parenting time, child support, spousal maintenance, and an equitable division of property and debt, they also have to figure out how to allocate the services needed by their children.　 They have to figure out how to meet the extraordinary financial needs of their children. And, if they disagree about their children’s needs, they have to figure out a way to mediate those differences so that the children are not harmed by the conflict between their parents.  Your experience outside Minnesota will of course involve different agencies, but the issues will remain.

About Author

Jennifer graduated from the University of Minnesota cum laude with a bachelor’s degree in speech communications. In 2006, Jennifer achieved her life’s dream; owning her own Family Law MN practices. She practices every day as Divorce Attorney MN with the intention of representing her clients’ future.