Divorce is a challenging transition for any family. When you have a child with a disability, it can be even more complicated. You're not just dealing with the emotional upheaval of ending a partnership; you're also concerned about making sure your child is cared for and supported, even as they become an adult.
At 91视频香蕉视频, we're here to explain New York laws about child support for adult children with disabilities. Our experienced child support attorneys can help you create an effective plan for your child's future and advocate for their best interests.
When Does Child Support End for Adults with Disabilities in NY?
In New York, a parent is usually legally obligated to pay child support . If the child joins the military, gets married, or moves out and becomes self-supporting, the payments might end earlier. But at 21, any court-ordered child support payments generally stop.
This is no longer the case when the child has a developmental disability. Thanks to a law passed in New York in October 2021, parents of adult children with certain disabilities can now receive .
This change reflects a growing understanding of the unique challenges faced by adults with developmental disabilities. Since these individuals face difficulty securing employment and becoming financially independent, they often continue to rely on their parents well into adulthood.
Suppose that you have a daughter with autism who has just turned 22 years old. Your child has had difficulty finding a job that meets her needs, and she requires ongoing therapy and financial support. Previously, you had been receiving a few hundred dollars a month in child support from your ex-spouse. Without that extra money, you鈥檝e struggled to pay for her therapy and otherwise make ends meet.
Thanks to this new law, you can petition to receive child support payments until your daughter turns 26, giving your family much-needed peace of mind and financial support.
How Does Child Support Affect SSI Payments?
If your child receives , you may be wondering whether child support payments could affect those benefits.
When determining SSI payments for a disabled child, the Social Security Administration considers all sources of the family鈥檚 income, such as wages, pensions, and unemployment benefits. But in this situation, does child support count as income?
Only partially. The administration of child support payments when calculating income for the purposes of SSI.
For example, suppose that you get $300 per month in child support for your child with Down syndrome. The Social Security Administration only counts $200 of that toward your family鈥檚 income when calculating your child鈥檚 eligibility for SSI.
What About Special Needs Trusts?
A special needs trust is a legal tool that aims to protect the financial interests of a person with a disability. Assets in the trust can be used to meet some of the beneficiary's needs without affecting their eligibility for public benefits.
There isn't much legal guidance yet on how special needs trusts are considered in determining child support obligations. In some cases, the trust might be used to cover the cost of support. In other cases, the assets in the trust might be viewed as belonging to the child.
A trust could affect your child鈥檚 SSI eligibility, depending on how it is set up and which of your child鈥檚 needs it meets. To learn how a trust can protect your child鈥檚 long-term financial future, speak to a family law attorney in New York.
Can Child Support Be Taken from My Disability Benefits?
In New York, child support directly from your own SSI payments. However, income from Social Security Disability Insurance (SSDI) is treated differently from SSI. Any SSDI benefits you receive will be counted as income for the purposes of determining child support. Like wages, they can also be garnished if you fail to pay child support.
The laws regarding child support for people with disabilities are complicated, and new laws are passed frequently. If you have questions, consult with an experienced family law attorney at 91视频香蕉视频. We鈥檒l help you understand your rights so that you can get the support you and your child need.
How to Get Child Support for a Disabled Adult Child
Getting child support for your adult child with a disability in New York involves a few key steps. Here's what you need to know about the process.
Find Answers to Your Questions About Child Support for Adult Disabled Children
At 91视频香蕉视频, we understand the challenges you鈥檝e overcome as the parent of a child with a developmental disability. As they grow into an adult, your instinct to protect your child does not disappear. Child support could provide you with the resources you need to keep them happy and comfortable through this transition into adulthood.
We're here to provide clear, compassionate advice about child support and other family law matters. Get a consultation with our experienced family law attorneys today.
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Obtaining a Diagnosis
The first step in seeking child support for an adult child with a disability in New York is obtaining a diagnosis. When you have this diagnosis, you can show the court that your child requires ongoing support and care due to their disability.
In order to be eligible for child support after age 21, your child must have been diagnosed with a developmental disability by a qualified medical professional who has been trained to identify and assess developmental disabilities. You can also seek supporting documentation from other providers who have cared for your child:
- Physicians
- Licensed psychologists
- Registered professional nurses
- Licensed clinical social workers
- Licensed master social workers
The diagnosis must meet specific criteria to be accepted by the court:
- The diagnosis must be made before your child turns 22.
- Your disability must be expected to continue indefinitely.
- The disability must affect the child鈥檚 ability to function independently.
You must demonstrate that the disability limits your child鈥檚 ability to work, live on their own, or participate fully in society. For some types of developmental disabilities, this is an easy task. For others, it鈥檚 not so simple.
That鈥檚 why it's a good idea to obtain sworn statements, medical records, school records, or any other documentation that shows your child's limitations and how they prevent your child from being self-supporting.
Filing a Petition in Court
Once you have a diagnosis and supporting documentation, you can file a petition in New York Family Court. The petition will request that the noncustodial parent pay child support until your child turns 26. It is a formal request to the court for a financial support order.
Providing Necessary Documentation
Be prepared to provide the court with the following documentation to support your case:
- Medical reports confirming your child's diagnosis.
- Your recent tax returns, pay stubs, and other proof of income.
- A financial disclosure statement listing your earnings and savings.
- Proof of expenses for rent, food, clothing, medical costs, childcare, education, and the costs related to supporting other children.
Preparation is key, and it could make a difference if your child鈥檚 other parent disputes your petition.
Need Child Support for Your Adult Child with Disabilities in NY?
Get the legal help you and your child need. Schedule a consultation with child support attorneys at 91视频香蕉视频.
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