Assemblywoman Mary Beth Walsh (R,C-Ballston) announced that legislation she sponsored along with Assembly Member Carrie Woerner (Round Lake) to help families of dependent adult children with developmental disabilities continue receiving child support payments past the age of 21 has been signed into law. The bill passed unanimously in the Assembly earlier this summer.

"Divorce is an unfortunate reality for many families throughout New York State, including families with a child who is intellectually and/or developmentally disabled.When these families separate, providing the best possible support and services for these individuals is even more challenging. This important piece of legislation recognizes that just because a child or adult child dependent reaches the age of 21, their day-to-day needs do not end.A young adult with ID/DD may need more time and support to achieve his or her ‘best life,’ whether through employment, education, training, or housing.This legislation will extend the support responsibility for both parents to the age of 26, in order to ensure these needs continue to be met – with no additional cost to the state," said Walsh. "Since drafting this legislation in 2018, I have been incredibly thankful for the overwhelming support it has received from my colleagues on both sides of the aisle and am grateful that it has finally been signed into law so differently abled New Yorkers and their families can seek its benefits immediately."

“This critical, common-sense piece of bi-partisan legislation will help the custodial parents of dependent adult-age children with disabilities support and provide for their families,” said Assemblywoman Woerner. “The needs of children with disabilities extend beyond the age of majority, and child support payments can be a lifeline for custodial parents to care for and meet the needs of their children. I want to thank Gov. Hochul for standing with New Yorkers with disabilities and signing this measure into law.”

Jill Murphy Calderon, a single mother, advocate and legal guardian of her 21-year-old autistic son, Joseph, said, “I celebrate this legislation to amend the Domestic Relations Law and the Family Court Act, to benefit disabled children of divorce who often fall behind their neurotypical siblings.Because self-sufficiency is presumed to be the driving force behind the emancipation age in NY State, it is crucial to recognize disparities between the chronological and cognitive ages of developmentally disabled young adults.The discretion afforded to the Court by this amendment to make determinations must include other variables for extending the age of majority to 26,” said Ms. Calderon. “With an extension of child support, there is the opportunity for developmentally disabled young adults to reach a cognitive age for independence.On behalf of Joseph, and all disabled young adults of divorced families in our state, I am so grateful.”

Woerner and Walsh’s legislation allows parents of adult children with developmental disabilities to petition to continue to receive child support payments until their child is 26 years old (Ch. 437 of 2021). With this law, New York joins 40 other states that have measures in place allowing custodial parents to pursue child support after the age of 21 for their adult children with disabilities.