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New York State Law Provides Custodial Parents of Special Needs Children with an Additional Five Years of Child Support

Updated May 16, 2022.

Families of a special needs child face untold pressure in many areas of life and the financial and emotional pressures can be especially difficult when parents are not together. In New York State, before October 2021, all child support ended no later than when the child reached the age of 21, regardless of whether a child would be able to support themselves. However, in October 2021, the New York Legislature unanimously passed a law that will allow a custodial parent to pursue child support for adult children with disabilities above the age of 21. This support will continue until age 26. This law is expected to have a massive impact on the lives of special needs children and their parents in New York State.

What does the law do?

For the custodial parent of a child with “developmental disabilities”, the law provides an avenue to petition a Court to receive support payments until the child is 26.

Who does the law apply to?

The law applies to the custodial parent of a “developmentally disabled” child, when the child resides with the custodial parent and is principally dependent on the custodial parent.

Do you already have a support order in place?

Parents can return to Court and petition to modify their current child support orders providing the child is not older than age 26.

The content of this article is intended to provide a general guide to the subject matter. If you need assistance with pursing child support based on this new law, the attorneys at Lacy Katzen LLP may be able to help. Please contact Lawrence Schwind for more information.

By Lawrence Schwind


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