Special needs child support trust attorney

Where a child has a disability that will persist into adulthood, support paid directly can jeopardise the means-tested benefits that fund the care the child will need. That is the central problem in these cases, and it is a structuring problem rather than an amount problem. Getting the figure right and the structure wrong can leave a family worse off than a smaller sum properly directed. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

On This Page

Why Direct Payment Creates a Problem

Means-tested programs assess income and resources. Support paid to or for the benefit of a disabled adult child can count against those limits, reducing or ending eligibility for benefits that may be the route to services the family cannot otherwise purchase. The loss is frequently worth more than the support.

The problem is not present while the child is a minor in the same way, which is why families are caught by it later — an arrangement that worked for years produces a different result once the child reaches adulthood and benefits eligibility is assessed on their own resources.

Structures That Address It

Trust arrangements designed to hold funds for a beneficiary without those funds counting as the beneficiary’s resources exist for precisely this purpose, and there are several forms with different requirements about who may establish them, what happens to remaining funds, and what the trustee may pay for. Pooled arrangements administered by non-profit organizations are one route where the amounts do not justify a standalone trust.

These are technical instruments and the requirements are unforgiving — a trust that does not meet them does not achieve the protection. The firm does not draft these instruments and refers that work to counsel who do, which is a distinction worth stating rather than blurring.

What the Family Court Can Do

The family court’s role is the support obligation and how it is directed. Orders can provide for payment into a properly constituted trust rather than to a parent or the child directly, and they can address continuation of support beyond majority where the jurisdiction permits it for a disabled adult child.

That last point is jurisdiction-specific and important. Some states permit support to continue for an adult child unable to be self-supporting by reason of disability; the conditions differ. Establishing the position early matters because it determines whether a mechanism needs to be built into the agreement.

Sequencing and Who Does What

The order in which this is done matters. The benefits and trust analysis informs what the support order should say, not the other way round. A support order drafted first and a trust considered afterwards frequently produces an order that cannot be complied with as drafted.

In practice that means family counsel, counsel handling the trust instrument, and where relevant a benefits adviser, working to the same timetable. Guardianship or supported decision-making arrangements as the child approaches adulthood raise their own questions and are addressed alongside rather than later.

Frequently Asked Questions

Why can support harm my child’s benefits?

Because means-tested programs assess income and resources, and support paid to or for a disabled adult child can count against those limits. Losing eligibility can be worth more than the support, since benefits are frequently the route to services a family cannot otherwise purchase.

Why does this surface when the child turns 18?

Because eligibility is then assessed on the child’s own resources rather than the household’s. An arrangement that worked without difficulty for years can produce a different result at majority, which is why families are frequently caught by it late.

What structure solves it?

Trust arrangements designed to hold funds without them counting as the beneficiary’s resources, of which there are several forms with different requirements about who may establish them, what happens to remaining funds and what the trustee may pay for. Pooled arrangements run by non-profits are an option for smaller amounts.

Does the firm draft the trust?

No. These are technical instruments with unforgiving requirements, and a trust that does not meet them does not achieve the protection. The firm handles the family law matter and refers the trust drafting to counsel who do that work, which is a distinction worth stating clearly.

Can support continue past 18?

In some jurisdictions, for an adult child unable to be self-supporting by reason of disability, on conditions that differ between states. Establishing the position early matters because it determines whether a continuation mechanism has to be built into the agreement rather than assumed.

What order should things happen in?

The benefits and trust analysis informs what the support order should say, not the reverse. A support order drafted first with a trust considered afterwards frequently produces an order that cannot be complied with as drafted, so the work runs in parallel to the same timetable.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

This is a structuring problem rather than an amount problem, and the benefits analysis has to inform the order rather than follow it. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney advertising. Prior results do not guarantee a similar outcome.

Attorney responsible for this advertising: Mr. Sris.