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robert63 · Dec 17, 2008, 08:05 PM

I have a child who is autisitic and can not take care of himself. He is well taken care of by his mom who receives my support payments which I initially put in place to take care of him and allow me visitation. He will be turning 21 soon. Can the family court order the payments to continue past 21? This is in New York, Nassau County.

JudyKayTee · Dec 17, 2008, 08:16 PM

Originally Posted by robert63

I have a child who is autisitic and can not take care of himself. He is well taken care of by his mom who receives my support payments which I initially put in place to take care of him and allow me visitation. He will be turning 21 soon. Can the family court order the payments to continue past 21? This is in New York, Nassau County.

Not in NY, not that I can find. Is the Court order until age 21?

robert63 · Dec 17, 2008, 08:20 PM

Thanks for the quick reply Judy!
I believe it is until 21.

JudyKayTee · Dec 17, 2008, 08:22 PM

Originally Posted by robert63

Thanks for the quick reply Judy!
I beleive it is until 21.

Then it ends at 21. I have never seen it go beyond that for a medical problem.

cdad · Dec 17, 2008, 08:45 PM

Originally Posted by robert63

I have a child who is autisitic and can not take care of himself. He is well taken care of by his mom who receives my support payments which I initially put in place to take care of him and allow me visitation. He will be turning 21 soon. Can the family court order the payments to continue past 21? This is in New York, Nassau County.

We need to be careful here because your child is autistic and not able to care for himself. There is a chance that the courts could order it beyond 21 years of age because of that reason.

References:

http://www.nyc.gov/html/hra/download...nine_steps.pdf

New York Child Support

Both sites reference that it can go beyond 21. Its up to the courts.

Is your child on SSD ? Social security disability ?

JudyKayTee · Dec 18, 2008, 05:16 AM

Originally Posted by califdadof3

We need to be careful here because your child is autistic and not able to care for himself. There is a chance that the courts could order it beyond 21 years of age because of that reason.

references:

http://www.nyc.gov/html/hra/download...nine_steps.pdf

New York Child Support

Both sites reference that it can go beyond 21. Its up to the courts.

Is your child on SSD ? social security disability ?

I've never seen it happen - I've seen the Court assist in filing for SSD or similar benefits, State benefits, but I've never seen support ordered. Obviously it can be but I've never seen it.

I have seen it requested, though. Maybe it depends on the extent of the disability, whether the child is maintained at home.

Good sites.

EDIT: I just passed this along to a friend of mine who, in his defense, does not practice Family Law. He said, no, support stops at 21, checked the sites and couldn't believe his eyes! Excellent research - !