When you and your partner welcome a child into the world, you are making a massive commitment to raise the child and provide them with the best possible resources to thrive. However, if your child has special needs, this process can look a little different. Unfortunately, these matters may be made more stressful if you and your partner decide to end your relationship. If this occurs, one of the most pressing matters you may face is how child support will work for children with additional and unique needs. If this reflects your circumstances, the following blog explores these matters in further detail, including the importance of working with a Long Island child support lawyer to help you fight for the best possible outcome.
What Constitutes Special Needs?
In general, special needs refer to anyone who has physical, intellectual, or emotional conditions that make it difficult to function in everyday life, and thus have unique needs to make navigating daily activities easier and more accessible.
This can look like a child with a non-verbal form of autism who requires special technology to communicate effectively, or a child with cerebral palsy who requires medical equipment like wheelchairs or crutches.
How Is Child Support Calculated in These Circumstances?
Determining child support in instances in which a child with special needs is involved can be difficult. Typically, child support is calculated using a predetermined formula that accounts for the incomes and custody time of each parent, known as the Child Support Standards Act (CSSA). Essentially, this combines both parents’ income and calculates their percentage of financial responsibility based on the number of children shared.
However, when a child has additional needs, these must be taken into consideration. It would be unfair for one parent to have to pay for a child’s physical therapy costs, for example, if strictly using the pre-determined formula. As such, the courts will take into account the additional costs a parent may incur.
As such, the court will examine these extra needs and will adjust the support amount as necessary to ensure the child has the resources they need to succeed.
Will Support Continue Past Age 21 for Children with Additional Needs?
In most instances, child support in New York will end upon a child’s 21st birthday. However, certain situations, like emancipation, marriage, or enrollment in the United States armed forces, can result in a child support order being terminated prior to a child turning 21.
However, if you are the primary custodial parent of a child with special needs, you may wonder how you will continue to support them and ensure they receive the care they need once your ex-partner’s legal obligation to continue paying for the child ends. If this is the case, you and your attorney can petition the court to extend support through adult child support. This is often the case in situations in which a child’s needs prevent them from living independently.
As you can see, navigating child support matters can be incredibly difficult. That is why working with the team at the Law Offices of Jay D. Raxenberg, P.C., is in your best interest. Our firm will do everything possible to help you fight for the best possible outcome for you and your child. When you need assistance, contact us today to learn more.
