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"When I brought my parents out here ten years ago, we hired the Farr Law Firm on a life time retainer to take care of us. Over the ensuing years, Evan Farr issued precise directions on keeping records, transfers, what to do and not to do within the system, and gave careful advice that provided peace of mind and saved us thousands of dollars in the end. At the end of my mother's life, Karen Simpson, the paralegal was particularly great, even coming to my mother's wake, which I greatly appreciated. The Farr Law Firm really stuck with me and my family throughout and after.."
- John Robilette (Fairfax, VA)

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Special Needs Planning Newsletter

Divorce and the Child With Special Needs: Income Deeming and Child Custody

In This Issue:

1. Divorce and the Child With Special Needs: Income Deeming and Child Custody

2. About The Firm

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Divorce and the Child With Special Needs: Income Deeming and Child Custody


Divorce is a difficult process for everyone. If you have a child with special needs, the choices you make during a divorce can have lifelong repercussions, both for you and for the child. It is not always in the best interest of a child with a disability to receive a large award because child support could cancel the child's SSI and Medicaid benefits.

But this is not the only problem child support creates for a child with special needs; a complicated process that the Social Security Administration (SSA) uses to evaluate household income can also wreak havoc with SSI and Medicaid benefits.

When a disabled child lives in a household with other people, the SSA takes into account the income of everyone who lives with the disabled child when it calculates eligibility for benefits. This is known as "income deeming." The SSA applies a formula to determine what portion of the household income applies towards eligibility. If the total household income is too high, the disabled child can lose SSI and Medicaid.

In families going through a divorce, income deeming becomes especially important for two reasons. First, a child with special needs may have siblings who are also receiving child support from an absent parent. In these cases, that additional child support will count as household income and could place the SSI recipient's benefits in jeopardy. Second, the choice of parent who will have custody of the child (the custodial parent) could throw off an SSI benefit if one parent's household income is significantly different from the other's. In many cases, loss of SSI benefits is not a key factor in choosing a custodial parent. But in other cases, especially when the child receives significant benefits from SSI and Medicaid, the choice of a custodial parent could make a tremendous difference for that child's welfare.

If you or any of your loved ones are going through a divorce, Evan Farr can help you understand these complex income deeming regulations and will work with your divorce attorney to make sure that child support will not adversely affect your child's future.


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About the Firm


Evan H. Farr, CELA, CEA, has been in private practice in Fairfax since 1987, is a Charter Member of the Academy of Special Needs Planners, and is the only attorney in Virginia who is both a Certified Elder Law Attorney and a Certified Estate Advisor.* Since 2007, Evan has been named by Virginia Super Lawyers Magazine as one of the top attorneys in Virginia, and in 2008 Evan was named by Washington, DC Super Lawyers Magazine as one of the top attorneys in DC. The Super Lawyers designation is bestowed upon the top 5% of lawyers in each state as chosen by their peers and through the independent research of Law & Politics.


The Farr Law Firm is an Elder Law and Estate Planning firm dedicated to helping protect seniors and their families. In addition to traditional estate planning (Wills, Living Trusts, Financial and Medical Powers of Attorney, etc.) for clients of all ages and administration of trusts and estates, we help our elderly clients with issues involving long-term care. We help clients find, get, and pay for the best possible long-term care; if a nursing home is the only option, we help clients find and get the best possible care while preserving and protecting their assets, including their homes, from the forced liquidation that is typically required in connection with entry into a nursing home. When needed, we complete the complex documents required for entry into a nursing home and for Medicaid.


Click Here For Information About the Attorneys and Staff On the Farr Law Firm Team


*Certified as an Elder Law Attorney by the National Elder Law Foundation and Certified as an Estate Advisor by the National Association of Financial & Estate Planning. Virginia has no procedure for approving certifying organizations.


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