If you have a child with disabilities, you know that their needs will not end when they turn 21. The ongoing costs for a child with special needs can be substantial and difficult for one parent to manage. To give families the support they need to care for their disabled child, New York recently extended child support. Previously, once a disabled child turned 21, child support ended. Now, with this amended law, child support will be extended to the age of 26.
More About New York’s Amended Child Support Law
If you have an adult child with special needs who is under the age of 26 and stopped receiving child support after turning 21, the newly amended law also allows you to petition the court to continue child support. For divorced parents with special needs children, this law will have a profound impact on their lives and the lives of their children, ensuring that they continue to receive the care they need.
Under New York law, a child must be diagnosed with a developmental disability by a medical professional to receive child support until the age of 26. According to Mental Health Law, developmental disabilities include physical, developmental, and cognitive disabilities. Additionally, the disability must have begun before the child turned 22, is expected to continue indefinitely, and is a significant handicap to the child’s ability to function.
When it comes to matters pertaining to the support of an adult child, the court has a substantial amount of discretion.
Below are some of the factors that will be considered in your case:
- The child’s disability
- If the financial responsibility of caring for the child was “unreasonably placed” on one parent
- A calculation according to the formula based on current child support provisions and parental income
Schedule a Consultation with One of Our Experienced Family Lawyers Today!
Child support is essential for ensuring your child receives the care they need, especially when a child is disabled. At Arnel Law Firm, our legal team will work tirelessly on your behalf to ensure your child’s best interests are protected and you receive the support you need to care for them. With more than three decades of experience on our side, you can rest assured your case will be in good hands with us.
Reach out to our law office today at (718) 550-3024 to schedule a consultation with one of our attorneys.