Determining child custody and support during a divorce or separation is stressful. The issue can be made more overwhelming when a child with a disability is involved. Because of the additional resources required to ensure a special needs child can grow and develop properly, child support works differently than with a non-disabled child. Speak to a Suffolk County child support lawyer to discuss your parental rights and how child support will be calculated.
What Constitutes Special Needs?
Any type of mental or physical disability could constitute special needs. A court may consider the following factors and more.
- The child’s need for physical, speech, occupational, and other specialized therapies
- The child’s insurance coverage
- The child’s need for special equipment like a wheelchair or walking aid
- Necessary modifications to a vehicle or home, like adding an elevator, accessible bathroom, etc.
- Educational costs including tuition, transportation, and Individualized Education Plans
- Dietary needs
- Medical expenses
The above and more could alter the amount of child support that a noncustodial parent has to pay.
How is Child Support Calculated?
In New York, basic child support is calculated by adding up both parents’ incomes and determining a percentage of that total that should be designated to cover the child’s expenses. The custodial parent (the parent who spends more than 50% of the year with the child) receives payments from the noncustodial parent to help cover costs. The amount of child support required will vary depending on the child’s needs. The more expensive it is to care for the child the more money will be required. Additionally, the less time the noncustodial parent spends with the child the more money they will pay.
A court can estimate how much it costs to provide for the child by examining the following costs.
- Education
- Food
- Rent or mortgage payments
- Transportation
- Extracurricular activities
- Clothes
- Medical expenses
- Child care
There are more costs to consider when discussing a special needs child especially given that children with disabilities tend to have significantly higher education and medical costs.
When Does Child Support End for a Special Needs Child?
In New York, a noncustodial parent’s child support obligation generally ends when the child turns 21 or when they get married, are self-supporting, join the military, or become emancipated. Depending on specific circumstances a parent could request that support end early or they could be required to pay past the 21 age mark.
While the 21-year-old rule previously applied to all children, a law enacted near the end of 2021 altered the age limit for children with disabilities. When the child has special needs, the custodial parent or caregiver can request an extension of payments until the age of 26.
Work With a Skilled Lawyer Today
Reach out to an experienced attorney at Peter V. Mandi & Associates to discuss your situation and book your free consultation. Our lawyers are equipped to handle various child custody and support disputes, including ones involving special needs children. Do not hesitate to reach out to legal counsel.
