In New York, parents are typically required to meet the financial needs of their sons and daughters until they reach the age of 21. When parents live apart due to divorce or the fact they never were married, this obligation is usually addressed by an order requiring one party to make child support payments to the other. However, New York State law states that mothers and fathers of young adults with developmental disabilities could be obligated to provide financial support for five additional years.
Under the statute, courts can order continued child support for sons and daughters until they turn 26 years old if they are unable to live independently due to a developmental disability. This provision recognizes the fact that mothers and fathers of special needs children often bear a heavy financial burden long after those children reach the age of legal adulthood. To qualify for extended child support, the young adult in question must meet the following criteria:
- Developmental disability — The individual has to be diagnosed with a developmental disability, based on the state’s statutory definition. Specific qualifying conditions can include autism, Down syndrome, cerebral palsy and other impairments that limit the young adult’s ability to function independently.
- Inability to be self-supporting — A court will only issue a child support order covering someone older than 21 if that person lives with one of their parents because they cannot meet their own financial needs. Many individuals with disabilities are capable of earning sufficient income on their own. When a parent believes they should not have to make payments for a son or daughter older than 21, they might try to demonstrate that their child can support themselves.
- Pre-existing condition — Child support cannot be awarded based on a condition that develops after a son or daughter has turned 22 years old.
Courts use the same general guidelines for determining extended child support as they do for traditional child support cases. This includes evaluating the income of both parents, other relevant financial information and the young adult’s needs. The court may adjust the support amount to account for any government assistance programs that the young adult is receiving, such as Supplemental Security Income (SSI).
If you have a question about child support relating to a disabled young adult or any other family law issue, Goldberg Sager & Associates can help. Our office is in Brooklyn and we represent clients throughout Brooklyn, Queens, Manhattan, The Bronx and Staten Island, as well as Westchester, Nassau and Suffolk counties in divorces and other matters involving the state’s Domestic Relations law. For a free consultation about your legal needs, please call 718-645-6677 or contact us online.
