On Long Island and across New York, courts calculate child support with children with special needs in accordance with the Child Support Standards Act (CSSA), which is a statutory formula to help ensure children receive the financial support they need. However, the court does have the discretion to modify support amounts based on the additional caregiving, medical, and educational expenses that may be required in these circumstances. In fact, many of these cases extend support beyond age 21. Read on and consult with a knowledgeable Suffolk County child support lawyer for more information today.
What Is Considered “Special Needs” for Child Support Purposes?
Child support for children with special needs in New York is calculated in accordance with the Child Support Standards Act, which utilizes a percentage of both parents’ combined income to cover necessary care for the child. This is because New York law believes that both parents are ultimately responsible for the financial support of a child, regardless of their relationship status. These calculations are especially important for parents in Suffolk County and across Long Island, where the cost of living and specialized care for children can have a considerable impact on support amounts.
When it comes to child support, any mental or physical disability could be considered a special need. Special needs generally substantially hinder the child’s ability to function in society. When a court is determining whether a child has special needs, it will consider a variety of factors, including the child’s need for various therapies, insurance coverage, the need for special equipment, required modifications to a vehicle or home, educational costs, dietary needs, medical expenses, and more.
Examples of developmental or physical disabilities that may constitute a special need include autism, epilepsy, cerebral palsy, deafness, and Down syndrome. These are only a handful of conditions that can be considered special needs in Suffolk County and across Long Island.
Key Factors Evaluated by the Courts
- The child’s need for specialized therapies, like occupational, behavioral, or physical therapy
- Requirements for assistive medical devices
- The need for home or vehicle modifications, like ramps or chair lifts
- Dietary and nutritional needs
- Ongoing medical treatment and specialized care
How Do Courts Calculate Child Support for Children With Special Needs in NY?
In New York, the Child Support Standards Act sets guidelines for courts to follow when calculating child support. Calculations are made based on the parents’ combined income up to the statutory cap, currently $183,000. For one child, child support is 17% of the combined income; for two children, 25%; for three children, 29%; for four children, 31%; and for five or more children, at least 35%.
For example, if the combined income of both parents is $100,000 and they have one child, the child support requirement is $17,000 annually. The non-custodial parent will pay their share of that amount (based on their percentage of the combined income) to the custodial parent in monthly installments.
This process begins in the same way for special needs children. However, courts can deviate upward to add extra support. Additionally, in Suffolk County courts, judges often take into account the higher regional costs of care and services when determining whether or not the support amount should increase beyond standard amounts.
Additional Expenses the Courts May Include
- Medical treatments not covered by insurance
- Medications
- Physical, occupational, behavioral, or other therapies
- Specialized education or tutoring
- In-home care
- Assistive devices and equipment
- Home modifications
- Transportation to medical providers
Everyday Living Costs Also Considered by the Courts
- Housing expenses like rent or mortgage contributions
- Food and nutritional needs
- Transportation and travel costs
- Child care
- Extracurricular or other developmental activities
- Adjustments for the general cost of living in Suffolk County
How Long Can Child Support Last for a Special Needs Child in Suffolk County?
In New York, child support typically ends when a child turns 21, and the obligation could be terminated earlier if the child becomes self-supporting, gets married, joins the military, or becomes emancipated in some other way. However, the financial support obligation can be extended for children with special needs.
Under NY law, parents may be required to financially support an adult dependent child who is developmentally disabled and dependent between the ages of 21 and 25, sometimes longer.
When Support May Be Extended
- The child has a developmental disability and is not able to live independently
- The child is financially dependent on a parent or caregiver
- The courts have determined that continued support is required for medical care
- In some instances, support may be coordinated with government benefits
Contact an Experienced Suffolk County Child Support Attorney
If you and your spouse have made the decision to file for divorce, it is in your best interest to connect with the team at Peter Mandi & Associates. Our Long Island Firm understands how difficult it can be to navigate the child support process, especially when your child has additional needs that must be taken into consideration. That is why our firm is ready to represent you. When you need help, do not hesitate to contact our team today.
