Any parent who is raising a special needs child knows the challenges that come with ensuring their well-being. Your child may require extra care and attention every day, which can involve significant financial resources, even for two parents.There may be additional therapeutic costs including occupational therapy, ABA therapy, speech therapy. You may need to seek the advice of a developmental pediatrician who may not be in network.

If you are facing divorce in New York, consider these key financial factors to ensure your child’s needs are accounted for.

Develop a Custody, Visitation, and Child Support Plan

The New York Supreme Court requires a custody, visitation, and child support plan before a divorce will be granted for any child. In New York, custody and access are issues until the child is 18 and child support until your child is 21 years of age. This is particularly important when you have a special needs child. In New York, there is a recent law that passed whereby the custodial parent of a “developmentally delayed” child can receive child support until age 26.

How does the Custodial Parent Qualify for Child Support for Their Developmentally Delayed Child Under New York State Law

Under New York Law, the adult dependent must be between the ages of 21 and 25, live with and be dependent on the person who is requesting the New York Family Court for support and be developmentally disabled as defined by law.

Your child must meet the definition of developmentally disabled under the Mental Hygiene Law, section 1.03 in order for you to receive a Court Order of child support through the Family Court after your child turns age 21. In accordance with Mental Hygiene Law, “developmental disability means ta disability of a person which is:

According to the law, the developmental disability must have originated before the person attained age 22 and continued or can be expected to continue indefinitely and constitutes a substantial handicap to such person’s ability to function normally in society.

Your Child Is Your Highest Priority

If you are the parent of a special needs child and are considering divorce in New York, the financial implications can be far-reaching and complex. To ensure your child is taken care of in all situations, it’s essential to consult an experienced and well qualified family law attorney for guidance.