If you’re a parent of a special needs child, you may wonder whether child support agreements accommodate the extra expenses associated with raising a child with developmental disabilities. Please continue reading to learn how child support works for special needs children in New York and how a compassionate Suffolk County Child Support Attorney can help guide you to maintain your family’s financial stability.
When Does Child Support End for Children with Special Needs in NY?
In New York, developmental disabilities include both physical and mental disabilities, such as blindness, deadness, autism, ADHD, Down syndrome, Rett syndrome, cerebral palsy, and more. In the past, the state regarded young adults with developmental disabilities in the same manner as their non-disabled counterparts. Essentially, parents would be released from their child support obligation once their child reached the age of emancipation, which is no older than 21.
However, the state recognized the economic disparity adults with disabilities face. For instance, it’s difficult for these individuals to secure gainful employment, preventing them from being self-supporting. As such, the amount of time that parents of adults with developmental disabilities can receive child support payments was extended to account for this disparity. Custodial parents of children with developmental disabilities can receive child support payments until their child reaches the age of 26. Therefore, they can receive an additional five years of child support to ensure their loved one’s well-being.
Can Child Support Complicate Benefits for Adults with Developmental Disabilities?
The Special Needs Alliance (SNA) outlines various government resources for children with special needs. These include Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), and Medicaid, which can play a vital role in supporting families with children with special needs. They can offset costs, replace income, and help ensure the continuity of necessary services. However, child support payments can interfere with a child’s eligibility for government assistance programs.
A child may be disqualified from receiving certain benefits depending on how these funds are set up. In some cases, the amount they are entitled to receive is considered income. If the child’s income surpasses the eligibility thresholds defined by the government assistance programs, they will be ineligible to receive benefits, as their income indicates a lack of financial need. Government assistance programs often require you to demonstrate limited income to qualify. Nevertheless, parents may be able to safeguard their child’s ability to receive certain government benefits if the support payments are placed in a special needs trust set up for the child’s sole benefit.
As you can see, receiving child support for children with special needs is complex, and it only becomes more complicated as a child ages into adulthood, changing their eligibility for government benefits. To ensure your child continues to qualify for government assistance programs into adulthood, it’s in your best interest to enlist the help of a seasoned Suffolk County child support attorney who can help guide you through this complex process. At The Law Offices of Susan A. Kassel, P.C., we are prepared to represent your interests and protect your rights.
