Understanding Family Law Dependency: Age & Autonomy In New York

In New York State, parents must financially support their adult dependent (developmentally disabled child) between the ages of 21 and 25. This includes providing health insurance coverage until the adult dependent turns 26. To be considered a dependent, the adult must be developmentally disabled as defined by law, live with and be dependent on the person seeking support, and be between the ages of 21 and 25. Additionally, New York State law allows employees to take paid family leave to care for close family members, including children, with a serious health condition. This leave can be taken intermittently but must be in full-day increments, and employees must notify their employer at least 30 days in advance. Understanding the legal definition of a dependent and the rights and responsibilities associated with dependency is crucial for navigating family law in New York.

Parents must support adult children with developmental disabilities between 21 and 25

In New York, parents are typically legally required to support their children until they turn 21. However, recognising the unique challenges faced by adults with developmental disabilities, New York passed a law in October 2021, extending the duration of child support for adult children with developmental disabilities. This law applies to single parents of children with developmental disabilities, allowing them to receive child support payments until their child reaches the age of 26.

For a child to be considered developmentally disabled, a diagnosis must be obtained from a qualified medical professional trained to identify and assess developmental disabilities. This can include licensed psychologists, registered professional nurses, and licensed clinical social workers. The diagnosis must meet specific criteria:

• It must be made before the child turns 22.
• The disability must be expected to continue indefinitely.
• The disability must impact the child's ability to function independently, including their ability to work, live alone, or participate fully in society.

Obtaining Support:

To obtain support for an adult child with a developmental disability, a parent or legally responsible adult can petition the Family Court for a support order. The adult child must be between the ages of 21 and 25 and live with and be dependent on the person seeking the support order. The support provided by parents includes health insurance coverage until the adult dependent turns 26.

Additional Support Options:

New York also offers the "Age 29" law, which allows young adults up to 29 years old to remain on their parent's health insurance policy, regardless of financial dependence or student status. This option is available to those not insured or eligible for comprehensive health insurance through their employer. However, it does not apply to self-funded plans due to federal preemption under the Employee Retirement Income Security Act (ERISA).

Planning for the Future:

The extended child support for developmentally disabled adults in New York provides much-needed financial support and peace of mind for parents. It assists parents in finding programs that can help their adult children with living arrangements, at-home care, or vocational training. Additionally, it gives parents additional time to plan for their child's future and make the necessary arrangements for their care and well-being.

In conclusion, the New York law mandating parental support for adult children with developmental disabilities between the ages of 21 and 25 recognises the ongoing needs of this vulnerable population. It ensures that these individuals receive the financial, emotional, and physical support they require to thrive in adulthood.

Parents must provide health insurance for their children until they are 26

In New York, parents are required to provide health insurance coverage for their children until they turn 26. This is applicable to group or group remittance health insurance policies that include dependent coverage. The policy must be issued in New York and be fully insured. The parent must also be covered under the group policy as an employee or member.

The "Age 29" law, which came into effect on September 1, 2009, allows young adults to remain on their parent's health insurance plan until they turn 29, provided they meet certain requirements. To be eligible, the young adult must be 29 or under, not have comprehensive health insurance through their employer, live or work in New York or the health insurance company's service area, and not be covered by Medicare. It is important to note that the young adult does not need to be financially dependent on their parent or live with them to qualify.

For parents with adult dependents who are developmentally disabled, New York State law mandates that they provide financial support, including health insurance coverage, until the age of 26. This support can be obtained through the Family Court by filing a petition.

It is worth noting that the "Age 29" law does not apply to self-funded plans due to federal preemption under the Employee Retirement Income Security Act (ERISA). Additionally, young adults with children may elect the "Age 29" option, but their children cannot be covered under the same law. Alternative options, such as Child Health Plus, are available for covering dependent children.

Children can be claimed as dependents on taxes if they live with you for more than half the year

In New York State, parents must financially support their adult dependent (developmentally disabled child) between the age of 21 and 25. This includes providing health insurance coverage until the adult dependent turns 26 years old. In the context of family law, this means that children can be claimed as dependents on taxes if they meet the criteria of being a qualifying child or relative.

To be considered a qualifying child, an individual must meet specific requirements as outlined by the Internal Revenue Service (IRS). Firstly, the child must be related to the taxpayer by blood, adoption, or foster care. This includes sons, daughters, stepchildren, eligible foster children, siblings, half-siblings, and their descendants. Additionally, the child must be under the age of 19, or under the age of 24 if they are a full-time student. There is no age limit if the child is permanently and totally disabled.

To be claimed as a dependent, the child must also live with the taxpayer for more than half of the year, although there are exceptions for temporary absences. Furthermore, the child must rely on the taxpayer for financial support, meaning they cannot provide more than half of their own financial support.

It is important to note that a dependent cannot claim another person as a dependent on their tax return. Additionally, a dependent cannot file a joint tax return with a spouse, except in certain cases. The dependent also cannot be claimed as a dependent on someone else's tax return. These rules are crucial in determining who can be claimed as a dependent on taxes and help ensure that taxpayers can take advantage of the associated tax benefits.

Parents can take paid family leave to care for a child with a serious health condition

In New York, parents can take paid family leave to care for a child with a serious health condition. This is part of the state's comprehensive Paid Family Leave policy, which was enacted in 2016 to allow working families to care for their loved ones without risking their economic security.

The policy enables eligible employees to take job-protected, paid time off to care for a family member with a serious health condition. This includes parents taking time off to care for their child, stepchild, or anyone for whom they have legal custody. It also covers situations where an individual is serving as a parent in loco parentis, meaning they are fully responsible for the child's day-to-day care and financial support, even if they are not legally or biologically related to the child.

To be eligible for Paid Family Leave, the child's health condition must meet the definition of a "serious health condition." This includes an illness, injury, impairment, or physical or mental condition that requires inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or supervision by a healthcare provider. Examples of qualifying conditions include cancer, severe arthritis, kidney disease, asthma, diabetes, epilepsy, and mental health disorders such as bipolar disorder and post-traumatic stress disorder (PTSD).

Parents can take up to 12 weeks of Paid Family Leave at 67% of their pay, with the option to take the leave all at once or intermittently. However, if taken intermittently, the leave must be in full-day increments, and there are specific requirements for the maximum number of leave days based on the average number of days worked per week. To apply for Paid Family Leave, employees must notify their employer at least 30 days before the start of the leave if possible; otherwise, they should notify them as soon as possible. Additionally, employees must submit the required forms and documentation to their employer's insurance carrier within 30 days after the start of their leave to avoid losing benefits.

It is important to note that, under New York State law, parents are required to financially support their adult dependent child (developmentally disabled) between the ages of 21 and 25. This includes providing health insurance coverage until the age of 26.

Children under 13 can be cared for with pre-tax dollars through a Dependent Care Advantage Account

In New York, parents are legally required to financially support their children until they turn 21. If the child is developmentally disabled, parents must continue to provide financial support until the child is between 21 and 25 years old. Additionally, parents must provide health insurance coverage for their children until they turn 26.

In terms of tax credits, parents can benefit from the Child and Dependent Care Credit if they meet certain requirements. This credit is specifically designed for working parents to help offset the costs of caring for a child or dependent with disabilities. To qualify for this credit, parents must have paid someone, such as a daycare provider, to care for their child under the age of 13, whom they claim as a dependent on their tax return. The total expenses that can be used to calculate the credit may not exceed $3,000 for one qualifying individual or $6,000 for two or more qualifying individuals.

Another option for parents is to utilize a Dependent Care Flexible Spending Account (FSA). This is a pre-tax benefit account used to pay for eligible dependent care services, such as preschool, summer day camp, before or after-school programs, and child or adult daycare. The money in the FSA can be used for expenses related to a dependent under the age of 13, a spouse who is unable to work and care for themselves, or another adult dependent who is unable to care for themselves and is claimed as a dependent on the parent's taxes. It's important to note that funds in a dependent care FSA cannot be used for private school tuition but can be used for summer day camps.

The main advantage of an FSA is that the money set aside in the account is in pre-tax dollars, reducing the amount of income subject to taxes. For example, for someone in the 24% federal tax bracket, saving $240 in federal taxes is possible for every $1,000 spent on dependent care with an FSA. The maximum amount that can be contributed to a dependent care FSA in 2024 and 2025 is $5,000 for single filers and couples filing jointly, and $2,500 for married couples filing separately.

It's worth noting that Dependent Care FSAs are only available to employees whose employers offer them. Additionally, there is typically a "use it or lose it" policy, meaning any funds not used for qualified expenses by the end of the plan year will be forfeited.

Frequently asked questions