Legal Question in Family Law in New York
Modifying child support
My daughter is now 21 and is disabled. She was labeled disabled after the divorce decree was signed. I am currently going to court to get her father to continue to help support her since her disability is a lifelong one. Are there any cases in the law library that I can use as a reference? Do you have any suggestions?
1 Answer from Attorneys
Re: Modifying child support
This is a difficult question and I am unable to offer you any solace.
You are to be commended for your responsible and loving support of your beautiful daughter. And your disappointment in your ex for not acting similarly is understandable.
However, there is no legal obligation for a parent to support a child after the child reaches the age of 21. The responsibility could have been created through 'private contract', in this case the divorce agreement. It was clearly not done at that time.
The only remedy I can suggest is a low % one; to reopen the divorce decree to include this issue.
I am sorry to be unable to help you, but there are many other lawyers who may be better or more creative than I am and I wish you the best.
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