Having a baby can be overwhelming for many, as your life will inevitably change. However, learning that your little one has special needs can add an extra layer of consideration, as there will be things you wouldn’t have to consider otherwise. One of these considerations surrounds support if you and the child’s other parent are no longer together. The following blog explores what you should know about support payments for a special needs child and why it’s imperative to consider connecting with a Long Island child support lawyer who can help fight for you and your little one.
What Constitutes Special Needs in Child Support Cases?
It’s important to understand that special needs are not what you might expect. In reality, there are many different things that could make someone have special needs, and many parents may be surprised to learn that their child has a condition that warrants special attention during a divorce. It’s important to understand that, in the context of child support, special needs will not focus on the diagnosis itself but on the level of extra care, supervision, and resources that the child requires.
“Special Needs” May Be Broader Than Many Parents Assume
Conditions that may warrant special needs under New York law in terms of child support include:
- Physical disabilities
- Developmental disabilities
- Behavioral or emotional disabilities
- Learning or cognitive disabilities
- Conditions that require ongoing therapy, medical monitoring, or educational support
Examples of Special Needs Conditions
- Autism spectrum disorder
- Cerebral palsy
- Intellectual disability
- Developmental delay
- Bipolar or other severe mental health conditions (when they impede function)
How Does Child Support Differ for a Special Needs Child in New York?
In New York, child support does differ slightly for those with special needs. This is because the state recognizes they need additional care.
Child Support Rules May Extend Beyond 21 in New York
Under certain circumstances, child support in New York may extend past age 21 for a child with special needs.
Typically, basic child support ends when a child turns 21 in New York, unless they have become emancipated prior to their 21st birthday. However, the state also recognizes that certain adults may be dependent on support.
Generally, an adult dependent means:
- The child is developmentally disabled
- The child depends on a parent or caregiver for financial support
- The child cannot live independently because of limitations caused by their disability
Why These Cases Are Treated Differently
The New York Family Courts do treat child support cases involving children with disabilities differently, as they may have more extensive needs. For example, children with additional needs may require:
- Ongoing clinical care
- Medical equipment
- Therapy (physical, occupational, psychological)
- School support and additional educational services
- Home accessibility modifications
What Expenses Can Be Considered in a New York Special Needs Child Support Order?
Because these cases differ from traditional child support orders, understanding the expenses the court may take into consideration when determining a child support award is critical.
Medical and Healthcare Related Costs
- Specialist visits
- Medications
- Speech therapy
- In-home care support
- Mental health counseling
- Physical therapy
Equipment and Accessibility Needs
- Medical devices (wheelchairs, braces, crutches)
- Communication devices
- Modifications for home accessibility (ramps, widened doorways, bathroom installations)
Education and Care Costs
- Specialized schooling
- Tutoring and extra help
- Special education support not covered elsewhere
- Transportation
- Specialized daycare
Quality of Life Support
- Social skill programs
- Therapeutic recreation
- Care coordination
What Evidence Should a Parent Collect Before a Request for Higher Support?
If your child’s additional needs have you considering filing a petition to increase support payments, understanding the evidence you should gather is critical.
Documentation That Can Help With Support Determinations
- Diagnosis information
- Medical records
- Treatment plans
- Receipts for equipment or modifications
- School records
- Care schedules (can show time spent providing care)
- Mileage/transportation costs for medical care
Life Changes That Can Justify a Modification of Support
- New diagnosis
- Worsening symptoms
- Increased medical needs
- Major changes to educational needs
- Changes in parental income
- Changes to insurance coverage
Contact an Experienced Nassau County Family Law Attorney Today
At Barrows Levy, we understand how complicated these matters can be. Going through a divorce while taking care of a child with special needs can be incredibly challenging, which is why we are here to ease your stress. Our firm will do everything possible to help you achieve a favorable outcome. Connect with us today to learn how we can assist you during these times.
