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Compensatory Damages

Unique Needs & Extra Expenses

Unique Needs

  1. Court Considerations:
    • Judges can increase child support amounts when a child requires specialized care, including:
      • Ongoing medical treatment for chronic illnesses or disabilities
      • Special education services for learning disabilities or developmental disorders
      • Therapy and mental health support, including counseling or behavioral programs
      • Transportation to medical or specialized care facilities
  2. Extraordinary Expenses:
    • These are costs beyond typical child-rearing and may be considered separately from base support, such as:
      • Tutoring and academic support
      • Extracurricular programs that address developmental or therapeutic goals
      • Specialized childcare needed due to a child’s health or behavioral condition

Non-Unique Needs

Basic living expenses are generally included in the standard support calculation and do not warrant separate consideration unless linked to a special circumstance. These include:

  • Daily food and nutrition
  • Clothing and personal items
  • Shelter and housing-related costs
  • School supplies and general educational materials

Courts may consider adjusting base support if even basic needs become extraordinary due to a child’s condition.

Frequently Asked Questions

Courts may elevate support for a child’s unique needs, including ongoing medical treatment for chronic illnesses or disabilities, special education services for learning or developmental disorders, therapy and mental health support like counseling or behavioral programs, and transportation to specialized care facilities, ensuring these costs are adequately covered beyond basic obligations.

Extraordinary expenses are costs exceeding typical child-rearing, such as tutoring and academic support, extracurricular programs aimed at developmental or therapeutic goals, and specialized childcare required due to a child’s health or behavioral conditions; these are often prorated between parents or added to the base support amount.

Non-unique needs encompass basic living expenses like daily food and nutrition, clothing and personal items, shelter and housing-related costs, and general school supplies or educational materials, which are incorporated into the standard guideline calculations without separate justification unless tied to a special circumstance that elevates them.

In Maryland, deviations under § 12-204 allow additions for special needs like medical or therapy costs; Virginia courts under § 20-108.2 prorate extraordinary expenses proportionally and extend support beyond age 18 for disabilities via § 20-108.1; D.C. incorporates these equitably under § 16-916.01 through guideline adjustments, prioritizing the child’s welfare in all cases.

Maryland’s October 1, 2025, guidelines (HB 275) refine deviations for special child care, enhancing support for extraordinary medical/educational costs. Virginia’s July 1, 2025, overhaul (SB 805) raises the income cap to $42,500, allowing higher baseline support for special needs expenses. D.C.’s Child Support Reform Amendment Act (effective October 1, 2025) increases direct pass-through of support to families, benefiting those with high-cost unique needs.