In New York, Child Support Can be Extended till the Age of 26

Child support fills a valuable purpose in New York State. It ensures that both parents fulfill their financial obligations toward their children. The general rule is that the parent who has residential custody of the child is entitled to recover child support from the non-custodial parent. This parent pays child support on a monthly basis to ensure the well-being and financial security of their children.

In the vast majority of cases, child support is paid until the child has reached the age of 21. However, this approach overlooked the circumstances of disabled children or children who are not able to support themselves financially. These children often require ongoing care and support due to physical or mental disabilities. In response to this problem, the New York legislature passed a rule enabling custodial parents to seek child support for adult children with disabilities beyond the age of 21. N.Y. Dom. Rel. Law § 240-D makes it possible for a custodial parent to pursue child support until the disabled child reaches the age of 26.

Eligible adult children for extended child support

N.Y. Dom. Rel. Law § 240-D, Support Orders for Certain Adult Dependents, applies to parents who would traditionally be responsible for supporting a minor child under the law. However, the amendment broadens the scope to include support for individuals who are no longer minors. It includes support for those who are up to 26 years old, are disabled, and meet certain criteria. This includes:

• The adult child has a developmental disability – The new law specifically applies to individuals who have a developmental disability, as defined under New York State law. Developmental disability refers to a “severe, chronic, disability that manifests before the age of 22 and is expected to continue indefinitely. Disabilities that fall under this category include autism spectrum disorder, cerebral palsy, schizophrenia, and Down syndrome. Each of these conditions has a range of severity. Just because your child has this condition, it doesn’t mean that they automatically qualify for extended child support.

• The adult child resides with the receiver of child support – The individual who is seeking child support payments must reside with the individual who is developmentally disabled for the purpose of seeking child support. In addition, the child must be primarily dependent on this person for their maintenance and well-being.

To successfully petition the court for extended child support, the court must be satisfied that the adult child has a condition that is covered by the statute. This typically means finding a developmental disability that is substantiated by medical data, a licensed physician, and a comprehensive report.

Talk to a Rockland & Westchester County Family Law Attorney Today 

The Law Office of Robert S. Sunshine represents the interests of New York residents who are pursuing a divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing key aspects of your divorce such as equitable distribution of the marital estate, alimony, child custody, and child support.