Special Needs Trust Payments and Child Support

A special needs trust was created for a child from the settlement of a medical malpractice suit.

Between the time of the child’s birth and the settlement, the child’s parents separated.

The father claimed that the payments from the trust should be used as a set off against his child support obligation.

In Ricco v. Novitski, 874 A.2d 75 (Pa. Super. Ct. 2005), the court rejected the father’s argument.  The court determined that a parent’s duty to support his or her child is absolute.  The fact that the child is receiving payments from a special needs trust (or has other assets) is irrelevant.  Any assets or income the child may have does not substitute for parental support.