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Lessons from Vaida v. Vaida

The special needs child in divorce and estate planning

  • Product Number: 2150333P01
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    Divorce representation is not business as usual when the divorcing spouses are the parents of disabled children of the marriage. The financial support needs of minors with special needs can be extraordinary, which has significant impacts on child support obligations. Additionally, the educational needs and IEP benefits of disabled children may impact custody where the services and supports available to children based on their primary residence might impact the parenting plan. Some children with special needs never emancipate as a factual matter, even after emancipating by law. Some need ongoing support through adulthood.

    There is no statutory right of action to sue a parent for child support after the age of emancipation, but a line of cases in equity provide a framework for bringing action against a prospective payor. Solutions exist through estate planning, guardianship/conservatorship, and equity litigation. With knowledge and experience in this nuanced area of law, the divorce practitioner learns to spot issues for inclusion in a well deliberated and well-crafted separation agreement. This seminar outlines the issues and solutions for divorcing and divorced parents of minor children and adult offspring who have special needs, with a focus on issues raised in divorce proceedings; the impact of child support on SSI and MassHealth Eligibility; and existing legal examples of instances where support has been sought for children with special needs.

  • Agenda

    Agenda & Materials

    Please Note

    MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

  • Faculty

    Chair

    Anita W. Robboy, Esq., Prince Lobel Tye LLP, Boston

    Faculty

    Vanda M. Khadem, Esq., Khadem Law Office, Dover
    Karen B. Mariscal, Esq., Mariscal Special Needs Law, Wellesley
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