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Child Support in Autism-Related Divorces

Are you worried that basic child support won’t cover your child’s therapy, care, or educational needs after your divorce in New York? If your child has autism, the usual formula might not come close to meeting their needs, especially when it comes to things like ABA therapy or in-home care.

The Law Offices of Gildin & Chapman helps parents in New York make the case for autism-related child support adjustments. Whether you need help requesting coverage for therapy, extending support for your child past age 21, or changing an outdated agreement, our team knows how to handle it.

Contact us today to arrange your initial consultation and get answers tailored to your child’s situation.

Parents’ Duty to Support Their Children in New York

In New York, both parents have a legal duty to support their children until the children turn 21. It doesn’t matter if the parents were married or not. The law requires each parent to help cover the cost of food, housing, clothing, medical care, and education for their children. If one parent has most of the caregiving duties, the other usually pays child support. The court looks at both parents’ incomes to decide who pays what and how much.

How New York Calculates Child Support

New York uses a fixed formula to determine basic child support amounts. It starts by adding up both parents’ incomes. Then, it applies a set percentage based on the number of children. This percentage represents the portion of the parents’ combined gross income that should go toward basic child support:

  • 17 percent for one child
  • 25 percent for two children
  • 29 percent for three children
  • 31 percent for four children
  • 35 percent or more for five or more children

Once the court applies the percentage, it splits the total based on each parent’s income share. For example, if one parent earns 70 percent of the combined income, that parent must pay 70 percent of the child support amount.

Judges also look at other details to ensure the result makes sense. The court can change the amount of support if following the formula would be unfair. Here are some factors a judge might consider in determining what is fair:

  • The child’s physical or emotional needs
  • The cost of medical or educational care
  • How much time each parent spends with the child
  • Each parent’s other financial responsibilities
  • Any unusual expenses related to raising the child

In divorces involving autism, judges often adjust the amount to cover extra care or therapy. Parents can also agree on an amount themselves, but a judge still has to approve it.

Can Child Support Cover ABA Therapy in New York?

Yes. A court in New York can include applied behavior analysis (ABA) therapy in a child support order if a child with autism needs it. ABA therapy helps many children improve communication, learning, and behavior, so the court may include these costs as part of the child’s medical or educational needs. If one parent pays for ABA therapy out of pocket, the court may require the other parent to contribute to the costs through child support.

New York law lets judges adjust basic child support obligations when a child needs services that fall outside of standard expenses. ABA therapy often falls into that category. Judges decide whether these adjustments are necessary by looking at the total cost of therapy, whether insurance covers any part of it, and how much each parent earns. Parents can bring medical records and receipts to court to show why the therapy is necessary and help the court decide how much support to award.

Other Deviations from Standard Child Support for Autism-Related Needs

A judge can increase support if a child with autism needs extra help that costs more than what the basic formula covers. These extra costs might include:

  • Special education or private school tuition
  • In-home care or respite care costs
  • Speech or occupational therapy expenses
  • The costs of transportation to programs or medical providers
  • Expenses related to special diets, safety equipment, or sensory tools

 

Parents can ask the court for more support by showing how these costs affect the child’s daily life. The court will consider the child’s diagnosis, how often the child uses these services, and whether both parents can help cover the cost to determine whether an increase is justified. Judges may also look at how the parents split time with the child.

Child Support Beyond Age 21

In most New York cases, child support ends when the child turns 21. However, the law makes exceptions for adult children who have developmental disabilities like autism. If a child still depends on a parent and lives with that parent, the court may extend child support beyond age 21.
To qualify, parents must show that their children have disabilities that started before age 22. They must also demonstrate that their children require long-term care or supervision, cannot live independently, and still rely on their parents for basic needs.
The parent asking for continued support can file a motion with the court. That parent should include a doctor’s report, school records, or other proof of the child’s condition in the motion. The court will look at how severe the disability is and how much support the child needs. If the child qualifies, the court can keep support going even if the child is an adult.

When Support Agreements Need to Change

In autism-related cases, support needs can shift over time as the child starts new therapies, moves schools, or needs more help at home. If something major changes, parents can ask the court to modify a support order.
A parent can request a change if:

• The child’s needs have increased or decreased
• A parent’s income has increased or decreased
• One parent takes on more parenting time
• Insurance starts or stops covering therapy

New York allows a support change if three years have passed, if a parent’s income changes by 15 percent or more, or if the child’s needs change. Parents must file requests with the court and give proof, like pay stubs or medical bills, to obtain modifications. The court will review everything and decide whether to raise or lower the payment. Parents may not change payment amounts without court approval.

How a New York Child Support Attorney Can Help

A child support attorney in New York can help parents understand how the law applies to autism-related cases. They can explain how the courts calculate support and when they may make adjustments for therapy, special education, or in-home care. If a parent needs more support because of ABA therapy or other costs, the attorney can help them gather records, build their case, and present it clearly in court.
If a child with autism still needs support after turning 21, a lawyer can file a request to extend support and show that the child meets the legal requirements. They can also review support agreements, identify problems, and fix language that could affect a child’s access to public benefits.
If the parents disagree on support-related matters, an attorney can guide them through hearings or settlement talks. Similarly, if one parent wants to change the support order, a lawyer can prepare motions and explain to the court why the change makes sense.

Contact Our Child Support Lawyers Now

If your child needs ABA therapy, special education, or care past age 21, a standard support order might not be enough. You’ll need to show the court why those costs matter and how they affect your family.

The Law Offices of Gildin & Chapman can help you gather the right records, explain your child’s needs clearly, and request support that fits the real cost of care. Contact us now to set up your initial consultation and get the help your family needs.

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