Understanding Your Legal Obligation Toward a Disabled Child

On October 8, 2021, the New York legislature signed into law a measure that expanded a parent’s duty to support their disabled child until the age of 26. But how is this law interpreted by the courts? One way to answer this question is by looking at a real case.

On August 5, 2022, in the case of Pettway v. Pettway, a New York State judge granted a mother’s application to extend child support for two of her children until the age of 26. According to the original terms of the divorce, the father was to pay child support until the couple’s three children turned 21. The mother, however, moved to extend child support until the children were 26 years old. Two of the children, she testified, had serious disabilities.

The mother submitted her own testimony and medical evidence that supported her argument that two of the couple’s children had significant medical conditions. Specifically, the mother testified that her daughter, who was 22 years of age, was diagnosed with bipolar disorder, and the son, who was 21, was diagnosed with autism.

The mother provided medical documentation establishing that the son had an IQ of 46, which rendered him the equivalent of a 5-year-old child. The mother also submitted a report from a licensed therapist establishing that the daughter was on medication and therapy for bipolar disorder. The mother also testified that she must continuously monitor the daughter to take her medication.

The court acknowledged the fact that the medical evidence established that both of the children’s impairments are of a continuous nature that would impair their ability to function in society. The court thus granted an extension of child support through the age of 26 for both children.

When filing an application that sought to extend child support payments through the age of 26 based on the children’s disabilities, the disability must fall within the definition of a “developmental disability” as set forth in Mental Hygiene Law §1.03(22)(a-d).

Can child support terminate before the age of 21? 

A parent has an obligation to support their children at least until the age of 21. However, there are some circumstances under which child support may end before the child turns 21. For example, suppose the child becomes “emancipated” before 21, meaning they are financially self-sufficient, live independently, or they’ve joined the military. In that case, you might not be required to support your child financially. However, it’s important to understand that just because the child lives outside the home, it doesn’t mean that they’re necessarily “emancipated.” In addition to those circumstances, if your child marries before reaching the age of 21, this can also serve as grounds to stop making child support payments. The process, however, isn’t automatic. You’ll need to file a petition with the court and have the judge officially terminate the child support order based on the new circumstances.

Talk to a Rockland County, NY, Child Support Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents during and after their divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your case right away.