Raising a child with special needs often requires additional financial support, medical care, and long-term planning. For parents in New York, understanding how courts calculate child support for children with special needs is crucial in protecting their financial interests and their children’s rights. 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?
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.
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. Raising a child with disabilities often involves significant additional costs, so courts can award additional support to contribute to the cost of:
- 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
How Long Can Child Support Last for a Special Needs Child?
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. Understanding your legal rights and responsibilities as a parent is crucial in protecting yourself and your children. Reach out to a skilled attorney for more information today.
