When you have a child with autism or another developmental disability, planning for their long-term financial support is more complicated. Fortunately, there are specific tools and guidelines that can help you establish a long-term financial plan that protects your child’s needs well into adulthood.
Requesting Child Support Beyond Age 21
In most New York divorce cases, child support obligations end when a child turns 21. However, New York law allows for exceptions when a child is dependent due to a developmental disability. Parents may be ordered to continue financial support beyond age 21 if the child is:
- Diagnosed with a developmental disability
- Lives with and is dependent on the residential parent
- Unable to support themselves due to their disability
You or your attorney can petition the court for continued support before the standard termination date. The court will review medical documentation, education records, and other evidence that demonstrates your child’s ongoing dependency.
Supplemental Needs Trusts (SNTs)
An SNT allows you to set aside for your child’s benefit without jeopardizing their eligibility for government assistance like Medicaid or Supplemental Security Income (SSI).
There are two types of SNTs:
- First-party SNTs: These trusts are funded with the child’s own assets, often through an inheritance or lawsuit settlement.
- Third-party SNTs: Third-party SNTs are funded with assets from parents, grandparents, or others.
Setting up a third-party SNT as part of your divorce settlement or estate plan allows continuity of care, access to services, and financial stability—all without interfering with their eligibility for public benefits.
Allocating Responsibility for Medical and Educational Expenses
Standard child support formulas may not cover the full range of expenses associated with raising a child with autism. These may include:
- Therapy (ABA, speech, occupational, behavioral)
- Private schooling or special education services
- Specialized transportation
- Adaptive equipment and assistive technology
You can negotiate or request that your divorce agreement include provisions about how these costs will be shared. Courts have the discretion to deviate from the standard formula. They may order additional support contributions based on a child’s special needs.
If your child is already receiving services through an Individualized Education Program (IEP), that documentation can help show the extent of your child’s ongoing needs.
Using Divorce Agreements to Protect Your Child’s Long-Term Support
Your divorce agreement should clearly lay out each parent’s responsibilities. If you anticipate future costs that don’t fall under standard child support, make sure those are addressed directly. A well-drafted agreement might include:
- Language obligating both parents to contribute to an SNT
- Agreements on how to divide future out-of-pocket medical costs
- Terms requiring life insurance policies naming an SNT as a beneficiary
- Provisions for revisiting support obligations if the child’s condition changes
Courts generally enforce divorce agreements as long as they serve your child’s best interests. Be as specific as possible. It’s important to avoid relying solely on standard forms when your child has special needs.
Coordinate Public Benefits and Estate Planning
Your long-term support plan should also be coordinated with your estate planning and benefits eligibility strategy. Parents often make the mistake of leaving direct inheritances to children with disabilities. If you pass away without setting up an SNT, that can disqualify them from crucial public services.
Work with an estate planning attorney so that any inheritance, property transfer, or insurance payout is directed to the SNT or another protected entity. You should also consider naming a trustee who understands disability-related financial management.
Proactively Plan for the Future with Our New York Divorce Lawyers
By addressing these issues during your divorce proceedings, you can reduce the likelihood of future legal conflict and give your child access to the resources they need.
If you have questions about how to create a long-term support plan during divorce, The Law Offices of Gildin & Chapman can help you navigate the process. We’ll work with you to build a legal strategy that safeguards your child’s future. Contact us today to learn more.
