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Articles Posted in Child Support

Parentswithbaby-300x200Until recently, under New York law, a parent’s obligation to provide support to a child with a developmental disability generally ended at age 21. However, New York just joined 40 other states in enacting legislation that allows custodial parents of adult children with special needs to pursue child support after the child reaches the age of majority. For certain young adults with “developmental disabities”, child support may now go on to age 26. This can include child support for those that are still under 26 that were previously already deemed aged out.

The law applies to single parents of adult children over the age of 21 who (1) have been diagnosed with a developmental disability by a medical professional; (2) reside with the parent seeking support; and (3) are principally dependent on that parent for maintenance.

The newly enacted legislation uses the New York Mental Hygiene Law’s four-pronged definition of “developmental disability.” First, the disability must be attributable to (a) an intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, Prader-Willi syndrome or autism; (2) any other condition of a person found to be closely related to intellectual disability because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of intellectually disabled persons or requires treatment and services similar to those required for such person; or (3) dyslexia resulting from a disability otherwise satisfying this definition.
Secondly, the disability must have originated before the adult child attains age twenty-two. Parent-caregivers of children disabled after attaining the age of twenty-two cannot petition for child support under the new law. The third element of the definition is that the disability has continued or can be expected to continue indefinitely. Finally, to constitute a “developmental disability” for purposes of the new law, the disability must constitute a substantial handicap to the adult child’s ability to function normally in society. Continue reading ›

Baby-and-Mom-300x200During a divorce or separation between parents, and for parents that were never married, there are various issues which need to be considered to ensure the long-term safety and wellbeing of the child. In New York, the courts will often do everything in their power to ensure the negative impact of a divorce, or parents that do not live together, on a child is as minimal as possible. While the end of a relationship, whatever the length (long term or a one-night stand), or a marriage between two parents can be upsetting for a child, it shouldn’t negatively influence that child’s ability to thrive in life.

Sometimes, to ensure a child continues to access the opportunities they would have had should their parents have stayed together, or to simply take care of their needs, the court will need to order child support. This payment, given to the primary caregiver or the residential custodial parent of the child, helps to ensure they can give the child the best quality of life without the presence of the other parental figure.

In most cases, child support is calculated according to a specific formula. However, certain children will have advanced or specific needs which require the standard formula for child support to be reconsidered. For children with special needs, additional considerations will often contribute to the decision of how much child support a non-custodial parent should pay. These special needs can also influence how long support is awarded for.  A law just signed into effect in New York now extends the age of child support for special needs children.  This can mean proceeding with or defending against an onslaught of child support petitions in Family Court, or post-divorce judgment motions in the Supreme Court for special needs children that have already aged out. Continue reading ›

Baby-Steps-300x195It’s no secret that dealing with issues of family law is tough. Whether you and your ex-partner agree that you’re better off apart or not, separating the lives of two married people or two parents, unmarried or married, can be complicated. The process becomes even more complex when children are involved.

When spouses or parents share a child or children, there are various additional decisions to be made about custody, parenting time, and child support. This bullet point guide aims to answer some more of the questions you may have about child support.

Throughout the course of this most recent blog series, we’ve discussed many aspects of child support and family law. In this edition, we’ll be looking at the circumstances under which a child support order can be modified, and whether the family court can deal with child support at the same time as a divorce. Continue reading ›

All aspects of family law have their challenges to consider.Couple-Counter-300x200

Even amicable divorces that revolve around mediation can be uncomfortable and emotionally draining for the people involved. But issues often become a lot more complex when the focus shifts to the children involved in a divorce between two parents.

We know that parents in New York and various parts of the USA are deemed responsible for caring for the child, both emotionally, and financially, until they reach the age of adulthood. However, when two parents separate, it’s often difficult to determine how each parent should be expected to deliver their fair share of this “support”.

In our Child Support Bullet series, we’re tackling some of the most common issues raised in child support cases. Today, we’ll be looking at unmarried parents, mediation, and child support expectations for non-relative guardians. Continue reading ›

We’re back for another instalment of this bullet point guide for child support.couple-chairs-300x200

If you’ve been following this blog for some time, you’ll know that I post both full articles, and bullet guides designed to offer support for people considering divorce and family law cases. It can be difficult to know where to start when you’re approaching divorce, but it’s important to ensure that you do consider all of the major issues that might affect you and your family.

In this guide, we’re looking at child support, and the way it’s paid to a custodial parent. This portion of the child support guide will discuss the options parents might have to make decisions through mediation and agreements made outside of court. Continue reading ›

Kitchenfeeding-300x200Welcome back to this bullet point guide series on child support.

If you’ve been reading through these quick articles on my blog, you’ll know that I’m curating information from the articles elsewhere on my blog from over the years, to provide an easy way to find answers to your child support and family law questions.

In this guide on child support so far, we’ve covered a wide number of issues, ranging from when it’s appropriate to expect to pay support beyond the guideline limits in New York, and what it means to apply equitable estoppel in paternity cases to prevent a DNA test.

In this section, we’ll be looking at the complexities of deciding which parent should have the right to claim a child as a dependent in a child support case. We’ll also address remarriages, and the impact they might have on a child support order. Continue reading ›

ParentsJeansKids-300x200All aspects of family law can be complicated.

Divorce, even when it’s decided upon mutually by a couple, is a complex process that involves separating two deeply connected lives. In many cases, divorce doesn’t just affect the spouses involved, but the children that came from the marriage too.

When children are involved in a family law case, the number of issues to be addressed increases significantly. Not only do you need to consider equitable distribution, and spousal maintenance, but you may need to consider child custody and child support too.

This bullet point guide on child support aims to address some of the issues that parties encounter during a divorce and child support case. In this segment, we’ll be looking at what happens when a child support order is violated, and when orders can be modified. Continue reading ›

Lawyers-Office-300x200Welcome back to this continued series of bullet-point guides on Child Support. If you’ve seen one of these guides before, you’ll know that it’s my way of bringing together useful information, that I have covered in more depth articles over the years, about a topic in family law, in a way that’s easy to absorb. These guides can offer valuable insights to anyone who might be pursuing family law or divorce cases.

In this particular series on child support, we’ve covered several topics so far, addressing things like the reasons to deviate from child support guidelines, and what those guidelines might be. Today, we’re going to look at what issues might arise when a party attempts to add the costs of higher education to child support payments.

I’ll also briefly discuss the topic of arrears with child support payments. Continue reading ›

Parents-with-Children-300x200Over the recent months, I’ve been working on various guides and bullet-point lists of facts and insights for people interested in learning more about the various complications of divorce litigation, divorce mediation, child custody cases and most recently child support matters. This guide explores the basics of child support, one of the most important payments to be determined when two parents get a divorce, live apart, or separate.

In this section of the bullet point guide, I’ll be looking at the complexities that may arise when a parent required to pay child support is self-employed. We’re also going to look at proof of child support payments and proving income.

Please remember to visit the other articles on this blog and my website if you want any further information on these topics. Continue reading ›

Parentskidpark-300x200Welcome back to another section of my recent guide about child support in family law and divorce cases. As you may well know, child support is a common concern for many parents, unmarried parents or those moving through a period of separation or divorce. It’s often important for the courts to determine how financial support should be issued to a child and their parent for the continued support of the children.

In this bullet-point guide, we’ve been covering some of the common issues that arise in child support cases. In this particular segment, we’ll be looking at the rights of stepparents when courts are making child support decisions, and the impact that a new boyfriend or girlfriend can have on a case.

If you have any questions about the issues covered here, please remember that you can find additional guidance elsewhere in the articles on my blog and website. Continue reading ›

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