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Raising a child with developmental disabilities presents unique challenges, which often do not conclude when they turn 18. In cases where divorce is involved, many parents question whether child support can continue for a developmentally disabled adult. If you are facing child support issues for a developmentally disabled adult, this blog will assist you in understanding your rights and options.
Does Child Support Automatically End at 21?
Under New York law, child support typically ends when a child turns 21. However, if a child is developmentally disabled and dependent on their parents, the law allows for extended child support up to age 26. This extension recognizes that some young adults cannot fully support themselves and need ongoing financial assistance.
To qualify for extended child support, the child must:
- Have a developmental disability as defined by New York law
- Be dependent on one or both parents for support
- Live with one of the parents or in a residential facility
If these conditions are met, a parent can petition the court to extend child support beyond 21.
What Is a Developmental Disability?
New York law considers a developmental disability as a condition that:
- Began before the child turned 22
- Is expected to be permanent or long-term
- Limits the child’s ability to live independently
Examples of qualifying conditions include:
- Autism spectrum disorder
- Intellectual disabilities
- Cerebral palsy
- Epilepsy
- Neurological conditions affecting cognitive function
If your child has been diagnosed with one of these conditions and remains financially dependent, you may have a strong case for extended child support.
How to Request Extended Child Support
If your child meets the requirements, you must petition the family court before child support ends at 21. The process includes:
- Submitting a Petition – The custodial parent files a request for extended child support in family court.
- Providing Medical Documentation – Proof of the child’s developmental disability, including medical records and assessments.
- Demonstrating Financial Need – Showing that the child remains financially dependent on the parent.
- Court Review and Decision – The court will evaluate the evidence and determine whether to grant extended child support.
If approved, the noncustodial parent will continue paying child support until the child reaches age 26 or until the court decides that support is no longer necessary.
What Child Support Covers for a Developmentally Disabled Adult
Child support for a developmentally disabled adult is meant to cover basic needs and additional care expenses, including:
- Housing and food
- Medical care not covered by insurance
- Specialized therapies or treatments
- Assistive devices or home modifications
- Education or vocational training
- Transportation for medical or therapy appointments
Since caring for a developmentally disabled adult often comes with higher costs, the court may adjust support payments accordingly.
Can Child Support Be Modified?
If circumstances change, either parent can request a modification of child support. For example:
- If their adult child gains financial independence, the noncustodial parent may ask to end payments.
- If the child requires more care, the custodial parent may request increased support.
- If the noncustodial parent experiences a significant income change, they may petition for an adjustment.
The court will review the case and determine whether to continue, increase, or reduce payments based on the child’s needs and each parent’s financial situation.
Ensuring Continued Support for Your Disabled Adult Child in New York
Caring for a developmentally disabled adult requires careful planning, and securing the right child support arrangement is a big part of that. Whether you need to extend child support, modify an existing order, or understand your legal options, talk to Aiello & DilFalco today.