QUESTION

I have a special needs son who is turining 18yrs old in aug. Can I ask for more child support due to cost of living and that he is older now.?

Asked on Jul 28th, 2011 on Child Support - New York
More details to this question:
He has down syndrome. Also how long is his dad required to pay child support when the special need child is getting older but still in school and lives at home.?
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1 ANSWER

Child support is modifiable every three years or if there is a change in circumstance (for instance, an increase or decrease in income of more than 15%).  If you have an order of support from a Family Court, you can return there to seek a modification.  If you have an order regarding support through the Supreme Court (for example, the determination was made during a divorce), then you can return to that court and use the same index number as your divorce to start a post-judgment action to modify child support.  Typically, in NY child support runs until the child is 21 years old or emancipated.  If your child will never be emancipated because of his special needs, then the support should not terminate.  Best Regards, Morghan Leia Richardson, Esq. Divorce Mediator and Attorney Richardson Legal PLLC www.MorghanRichardson.com www.NYDivorceShop.com Tel: 347-746-1675  
Answered on Aug 23rd, 2011 at 8:52 PM

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