Onondaga County Firm Handles Child Support Issues Involving Special Needs Sons and Daughters
Syracuse family lawyer advises on New York rules relating to financial support for children with disabilities
Child support is essential for parents who must raise children alone, especially if a youth has special needs. Some disabled sons and daughters require continued financial support even after they reach adulthood. New York law authorizes courts to order payments from parents in these situations past their child’s 21st birthday under certain circumstances. If you have a child or young adult with a developmental disability and require skillful, compassionate legal counsel on a child support matter, reach out to Bombardo Law Office, P.C., in Syracuse. I have the knowledge and experience you need to protect yourself and your child.
What is child support for special needs children?
Normally, child support obligations end when a child reaches 21 years of age. However, parents of special needs children might have financial responsibility for their son or daughter until their 26th birthday. Furthermore, the child support amount might be higher than it would be otherwise, due to the need to pay for ongoing care, special education and additional medical treatments. Obtaining this extended and expanded child support will require the court to find that the child is developmentally disabled, based on a diagnosis and report by a physician, psychologist, nurse or social worker.
How child support is calculated for children with disabilities
When a court calculates the amount of child support to award, it follows guidelines that primarily consider the incomes of each parent and the number of children they must provide for. In addition, when calculating the child support for a special needs child, the judge can take into consideration the expenses the custodial parent must incur in light of the child’s condition, such as costs of medical care, therapy, treatment, specialized education, assistive devices and home modifications.
Modifications to existing child support orders
Sometimes, a child’s developmental disability becomes apparent or worsens after an initial support order has been entered. In some cases, new treatments might become available or youth’s course of treatment will change. If that is the case, my firm handles all types of family law modification and enforcement proceedings for Central New York parents.
Benefits available to children and young adults with disabilities
Special needs children and young adults can benefit from child support orders as well as government programs designed to assist disabled individuals and their families. Available options might include Supplemental Security Income (SSI) and Medicaid. Divorce terms and separation agreements can be drawn in up in a way that takes into account a special needs child’s access to benefits.
Frequently asked questions
Can child support continue after the child turns 21?
Yes, if a child remains dependent due to a developmental disability, the court may extend child support through age 25, and require sharing of expenses for their care. This will give the custodial parent time to obtain disability benefits for the child.
What kinds of developmental disabilities qualify a child for extended child support?
A qualifying developmental disability includes intellectual disability, cerebral palsy, autism, epilepsy, dyslexia or similar conditions that originate before the child turns 22 and are expected to continue indefinitely, making it difficult for the youth to function normally in society.
Who may request extended child support for a developmentally disabled adult?
The person with whom the special needs individual lives as a dependent is entitled to seek support for that individual.
How do you prove developmental disability?
The developmental disability may be proven by a diagnosis and supporting report issued by a treating physician, psychologist, nurse or social worker, presented to the court deciding the issue.
Contact a Central New York child support lawyer
Bombardo Law Office, P.C. advises clients throughout Central New York on child support for special needs children and young adults. To schedule a consultation, please call 1-315-488-5544 or contact me online. My office is located in Syracuse.
