Parental separation is an emotionally challenging time for children, often leading to feelings of confusion, sadness, and anger. Navigating this difficult period can significantly impact a child’s mental well-being, sometimes necessitating professional support. In such cases, the court may intervene to ensure the child receives necessary therapeutic care. Please continue reading to learn whether a parent can be ordered to cover the cost of their child’s therapy, and the importance of connecting with an experienced Suffolk County Child Support Attorney.
What is the Purpose of Child Support in NY?
First and foremost, it’s important to understand that child support is designed to ensure a child’s basic needs are met by both parents, providing for their health care, food, housing, clothing, and education, regardless of the parents’ relationship status or location. This court-ordered payment essentially covers a child’s core day-to-day needs.
However, it should be noted that not every expense associated with a child’s upbringing is included in the New York Child Support Standards Act (CSSA), which is used to determine how much each parent contributed, typically based on their income and number of children. In addition to the basic support amount, the court can order a parent to share specific “mandatory add-ons.” These expenses go beyond the basics, but are still considered necessary for ensuring the child’s overall well-being.
When Can a NY Judge Order a Parent to Pay for a Child’s Therapy?
Mental health services, including therapy and counseling, are typically regarded as components of a child’s medical care. When a physician, psychologist, or other licensed professional recommends therapy following a separation, it’s frequently categorized by legal authorities as a medical necessity rather than a discretionary expense. Consequently, both parents may be legally obligated to contribute to the cost in the same manner as they could for other medical treatments.
If insurance covers a portion of the sessions but not the entirety, or if other out-of-pocket expenses arise, the remaining balance is generally appropriated between the parents. This practice aims to prevent financial disagreements from impeding a child’s access to essential mental health support.
New York courts prioritize a child’s best interests in child support decisions. If a child is experiencing depression, anxiety, or behavioral issues due to a significant life change like divorce, a judge may order a parent to cover therapy costs to safeguard the child’s well-being. The court will examine evidence from licensed professionals to determine whether the sessions qualify as a medical necessity, requiring both parents to share the cost.
As you can see, the legal obligation of an ex-partner to contribute financially often hinges on the unique circumstances of your case. It’s crucial to consult with a determined attorney at The Law Offices of Susan A. Kassel, P.C. to understand your rights and options, ensuring your child receives the support they need without placing undue burden on one parent.
