Child Support Obligations for Mentally Disabled Children Extended To Age 26

The Governor of New York recently signed a law that will affect child support if the child is developmentally disabled. Before the amendment of this bill, child support for disabled children in NY ended at 21 years, regardless of whether the child will be independent at this age.

The child support obligation for mentally disabled children has been extended from age 21 to 26. This means that if you’re the custodial parent, you can seek child support for children with disabilities aged 21+, and the support will continue until the child turns 26.

Undoubtedly, this new law will significantly impact matrimonial cases in New York, and it is still unclear how NY courts will apply the amendment clauses. If you have a child with a mental disability above the age of 21 and wish to file for extended child support, it is important to hire a Manhattan family law attorney who understands how the new law works.

Subsequently, this law raises several critical questions, like:

What if there is an Existing Child Support Order?

This law allows NY courts to change an existing child support order, and the amendments are expected to take effect immediately. Simply put, you have a right to return to court and request a petition to modify the current support order if your child is below age 26.

Plus, if you believe that the responsibility of paying child support has been unreasonably awarded, you can petition to have the arrangement amended. However, the time the court may use to consider this claim will be limited to the period the minor reaches 21 years until they turn 26.

Do the Standard Emancipation Clauses in Divorce Stipulations Need to be Amended?

The domestic relations law is modified by including an additional section 240-d, which states that the party responsible for paying child support of a minor who is mentally disabled is also chargeable with any kind of support until that child reaches the age of 26.

At this time, the court shall prove that the individual is indeed developmentally disabled as stated in subdivision Act 22 section 1.03 under the mental hygiene Act. Further, the developmentally disabled finding must be backed up by a diagnosis report of a licensed psychologist or physician.

Similarly, the Family Court Act is modified with a new section, 413-b, which states that a person charged with child support will continue to pay support until the minor turns twenty-six. If the parent or caregiver of a child with a mental disability makes a petition, the court will award support to the child according to section 413 of the Act.

Need a Family Law Attorney in Manhattan? Get in Touch

The new amendments to the domestic relations law and the family law bring a lot of confusion around the child support docket. That is why you need to work with an experienced attorney who understands how this docket works.

At WertheimerLipton, we will provide you with professional legal advice to ensure your child’s rights are fully protected. Please contact us online or call us at 845-379-4090 to schedule you consultation.