There was a very interesting Queens family law case published in the New York Law Journal. It involved a recent case where the court employed the new child support law for children over age 21, who are disabled or special needs signed by Governor Hochul in 2021.        

In this case a mother requested continued support in a case and exclusive use and occupancy of the home and for it not to be sold due to the child’s impairment.  The child was born in 2001 and was found to have the functional capabilities of a five-year-old and the plaintiff alone was appointed her legal guardian.  She requested that child support be extended and the buyout be delayed until their child under her guardianship reaches age 26.  A conference is was held to address the application. Unfortunately, the defendant father repeatedly failed to submit requested financial records and failed to appear with prepared counsel.  After the defendant father was unprepared at a fourth and final conference, the court granted plaintiff’s motion as unopposed finding that she sufficiently demonstrated the children’s need for continued support and continued occupancy at the martial residence.  Pettway v. Pettway, 700367/2022 (August 5th) 

Now it would have been interesting to see if the father had objected to the mother’s application if the court would have granted the support.  It is also silent as to what the child was receiving any other income. In this case the mother alone was the guardian. This is a consideration for the court to take into account. 

  Moreover, it appears as if the child would continue to reside with the mother. If a child is placed in a group home or some residential facility the parent cannot request continued support.  Again, the fact and circumstances of this case are not clear and without the father’s defense it is difficult to know what the court would have done.        

We at the DePalo Law firm are well versed in this relatively new law (DRL 240-D) regarding the support of an adult disabled child.  The law is child support must be paid until a child is age 21 unless they are sooner emancipated by fulltime employment, marriage, or entering the military. 

This new law is at the age of 21, if there is an existing court order, the custodial parent can apply for additional child support if the child is disabled, resides with the person seeking support, is dependent on the person seeking support and asks that the order of support be modified.    

Another consideration is whether there are benefits the child is receiving.  The receipt of state or federal benefits alone are not enough to disqualify someone from receiving child support, but it is at the discretion of the court and is based on the circumstances at the time.