Child Support Extension for Disabled Adults in New York Up to Age 26

The purpose of child support in New York is to ensure that both parents fulfill their financial obligations towards their children, promoting their well-being and quality of life. It aims to provide the custodial parent with the necessary financial support to cover essential expenses such as housing, education, healthcare, and other related costs. Ultimately, the goal is to prioritize the child's best interests and guarantee their financial security and overall development. Historically, child support in New York ceased when a child reached the age of 21. However, this approach overlooked the circumstances of disabled adult children, who often require ongoing care and support due to physical or mental disabilities. Recognizing this oversight, in 2021 the New York legislature passed an amendment, enabling custodial parents to pursue child support for adult children with disabilities beyond the age of 21, extending until they turn 26. See N.Y. Dom. Rel. Law § 240-D. If you're navigating the complexities of obtaining child support for a disabled adult child up to age 26, reaching out to an experienced New York child support lawyer is crucial. Stephen Bilkis & Associates can provide invaluable assistance in helping to ensure that your disabled adult child receives the support to which they are entitled.

N.Y. Dom. Rel. Law § 240-D, Support Orders for Certain Adult Dependents, applies to a specific category of individuals—those who would traditionally be responsible for supporting a minor child according to the law. However, in this amendment, the scope is broadened to include support for individuals who are not minors. It includes support for individuals beyond the age of 21, up to 26, who are disabled and meet specific criteria:

• Developmental Disability: The amendment applies to individuals who have been identified as developmentally disabled, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law. Developmental disability, in this context, refers to a severe, chronic disability that manifests before the age of 22 and is expected to continue indefinitely. Depending on their severity, development disorders that can fall under this definition include Down syndrome, autism spectrum disorder, and cerebral palsy. Note that each of these conditions have a range of severity. Some cases will not qualify for extended child support under N.Y. Dom. Rel. Law § 240-D, while others will.
• Residency and Dependency: The individual seeking support must reside with the person responsible for seeking such support. Additionally, the individual must be primarily dependent on this person for their maintenance and well-being.

To establish eligibility for extended child support, a court must be satisfied that that adult child has a covered conditioned. This typically requires a finding of developmental disability that is substantiated by a comprehensive diagnosis and an accompanying report. This report should be provided by a qualified professional, such as a physician, licensed psychologist, or licensed clinical social worker.

To apply for extended child support for an individual with a developmental disability in New York, you need to initiate the process by preparing a formal petition outlining the reasons and circumstances necessitating continued financial support beyond the age of 21. Then, file this petition with the appropriate court, usually the family court, following the correct procedures and ensuring the payment of any associated fees. The court will thoroughly review the petition, accompanied by supporting evidence such as a diagnosis and report from a qualified professional. Based on this assessment, the court will determine whether the individual meets the criteria for extended child support, typically until the age of 26.

During this review, the court may also consider whether the financial responsibility for the individual's care has been disproportionately placed on one parent. This evaluation assists the court in determining the appropriate support obligation. The court will then proceed to make an award for the support of the individual with the developmental disability. This award will encompass the period from when the child turned 21 until the individual reaches 26. If the child support order ceased at age 18, the relevant timeframe would be from when the child turned 18 until the individual turns 26.

Throughout this legal process, seeking assistance from an experienced New York child support lawyer is highly advisable. They can provide vital guidance in preparing the petition, ensuring compliance with legal requirements, and effectively representing your interests during court proceedings, as well as assisting with any enforcement or modification needs that may arise.

Note that extension of child support is not the only resources available to families of adults with developmental disabilities. The child may be eligible for federal programs as well as programs offered by New York State. A skilled child support attorney in New York will be able to direct you to the programs and other resources that your adult child may be eligible for or that you as their caregiver may be eligible for.

The extension of child support for disabled adults up to age 26 in New York is an important legal development aimed at improving the lives of families caring for disabled adult children. If you are considering seeking an extension of child support because your adult child is disabled, seeking the guidance of an experienced child custody attorney serving New York is imperative. Stephen Bilkis & Associates is dedicated to assisting families in understanding and navigating this critical legal opportunity, prioritizing the best interests of your disabled adult child. Contact us today to discuss your case and let us provide you with the legal support you need during this crucial time. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.