How Does a Special Needs Child Affect Child Support in Texas?

 Posted on February 12, 2026 in Child Support

Raising a child with special needs comes with unique joys and challenges. Sometimes these challenges can prove to be too much for a marriage. A study from the National Library of Medicine found that parents of children with Autism Spectrum Disorder had a much higher risk of divorce than parents of children without autism.

When you are going through a divorce involving a special needs child, you may worry that child support won't cover the extra costs that come with that child. Understanding how Texas handles child support for special needs children can ease your worries and make a good plan for your child's future. If you have questions about child support for a special needs child in 2026, our North Texas child support attorney can explain your legal options.

How Much Child Support Can Be Ordered for a Special Needs Child?

Texas does not use the standard child support guidelines when calculating support for a child with special needs. Instead, the court looks at the actual expenses required to care for the child per Texas Family Code Section 154.306. Factors the court will consider before deciding on the support amount include: 

• Existing or future needs related to the child's disability
• Whether a parent provides care and supervision or pays for someone else to do so
• The financial resources available to both parents
• Any other resources or government programs available to help support the child

This means the court can order child support up to 100 percent of the proven needs of the child.

What Expenses Count as Special Needs for Child Support?

Courts look at each child's situation individually. Some common expenses that may justify higher child support include: 

• Occupational therapy
• Physical therapy
• Speech therapy
• Behavioral therapy 
• Specialized educational programs or private schools 
• Medical equipment like wheelchairs or communication devices
• Medications and medical treatments
• Home health aides or nursing care 
• Changes you need to make to homes or vehicles 

The parent asking for higher child support must show documentation of these expenses. This means collecting reports from doctors, therapists, school counselors, and any other professionals who work with your child. Medical records and educational evaluations are important evidence.

Can Child Support Continue Past Age 18 for a Special Needs Child?

Yes. Child support normally ends when a child turns 18 or graduates from high school, but this may not be realistic for children with high special needs.

For this to happen, two things must be true:

First, the child must need substantial care and supervision because of a mental or physical disability. Second, the child must not be capable of supporting themselves. The disability or its cause must have existed or been known to exist before the child turned 18.

If your child has autism, cerebral palsy, Down syndrome, or another condition that prevents them from living independently, child support can continue for as long as your child needs it. In some cases, this could mean support continues for your child's entire life.

Can Child Support Be Paid into a Special Needs Trust?

The court can order that child support payments be made directly to a special needs trust instead of to the parent or child. This is often a good idea because it protects the child's eligibility for government benefits.

If a child with disabilities receives too much money directly, they may lose out on programs like Supplemental Security Income or Medicaid. A special needs trust allows the child to benefit from the support payments without losing access to these government benefits. The trustee of the special needs trust can then use the money to pay for expenses that government benefits do not cover, like specialized therapies, recreational activities, or quality of life improvements.

Can My Child Get Adult Child Support if the Disability was not Diagnosed Before Age 18?

The law requires that the disability or its cause existed before the child turned 18. However, the court does not have to make this finding before the child's 18th birthday. You can file for extended child support after your child turns 18 as long as you can prove the disability existed, or its cause was known, before that birthday.

Call a Frisco, TX Child Support AttorneyToday

Child support for a special needs child is extremely important, and you don’t want to miss out on any benefits your child could get. Having a lawyer handle your case ensures good planning outside the courtroom and representation in it. Our North Texas child support lawyer is ready to help.

If you need help with child support for a special needs child, contact Moore Family Law, P.C. at 214-764-8033 today to discuss your situation.