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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My disabled son is turning 21 on December 19th of this year.

Customer Question

My disabled son is turning 21 on December 19th of this year. His mother is threatening to pursue child support past his 21st birthday due to the fact that he is autistic and will continue living with her. Does she have any chance of accomplishing this? I live in New York state. Thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

The law does allow for such a request to extend the support beyond the age of emancipation if the child is disabled physically and/or mentally handicapped. So yes, she does have a chance of having it ordered. She would need to produce medical documentation showing he does indeed suffer with a bona fide disability.

Here is the NY law in this regard

§ 415. Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.

Except as otherwise provided by law, the spouse or parent of a recipient of public assistance or care or of a person liable to become in need thereof or of a patient in an institution in the department of mental hygiene, if of sufficient ability, is responsible for the support of such person or patient, provided that a parent shall be responsible only for the support of his child or children who have not attained the age of twenty-one years.

In its discretion, the court may require any such person to contribute a fair and reasonable sum for the support of such relative and may apportion the costs of such support among such persons as may be just and appropriate in view of the needs of the petitioner and the other circumstances of the case and their respective means. Step-parents shall in like manner be responsible for the support of children under the age of twenty-one years.

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