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Autism and the Child – Part III

assistance for parents of special needs childrenPrivate Schools and the Autistic Child

Child support in all fifty states in the United States is based on the Child Support Standard Act.  This statute lays out a schedule of child support payments and ancillary expenses the non-residential custodial parent must contribute to.  However, private school tuition is not one of the items included as a necessary payment obligation for non-custodial parents.  Courts have discretion to adjust the child support figures related to the special needs of a disabled child.  Divorce courts can utilize their discretion to order a parent to contribute to private schooling costs for an autistic child with special needs.  In situations where the public schools do not offer the specialized programs for an autistic child it may be in the child’s best interest to attend a school that can deliver specialized educational services related to autism.  The tuition costs for these types of schools should be taken into consideration by courts in making custody decisions concerning autistic children.

Emancipation and the Autistic Child

In the State of New York, a child is considered emancipated at the age of twenty one unless the child at an earlier age marries, enters into the armed services, or is working and self supporting.

An autistic child may never be emancipated.  Courts should consider whether a child’s disability should extend the time the child is unemancipated for child support purposes.  A child over the age of twenty one who is disabled and incapable of maintaining himself or herself because of illness or disorder should be considered to be unemancipated even if over the age of twenty one.

Conclusion

Autism is a tragedy affecting more and more American children.  Divorces caused by the tension and stress created by the necessary dealing with the unique problems of the autistic child are on the rise.  Courts, parents, and attorneys need to cooperate in creative decision making with regard to dealing with unique problems associated with raising an autistic child.

About the Author

family law and divorce on Long IslandElliot S. Schlissel, Esq., has been practicing Family and Divorce law in the metropolitan New York area for more than thirty years.  Elliot and his team of dedicated, hard working lawyers deal with all aspects of matrimonial and family law including issues involving divorce grounds, family lawchild custodychanging visitationchild abuse and child neglectdrafting separation agreementsprenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.

Autism and the Child – Part II

advocates for parents of special needs childrenSpecial Needs For The Autistic Child

Autistic children require expensive therapy and special education regimes that are not available in local school districts.  This results in additional expenses for families.  Judges hearing divorce cases involving autistic children need to pay special attention to the needs of the autistic child.

Residential Custody of the Autistic Child

The residential custodial parent of the autistic child will have a significant burden in dealing with all the idiosyncrasies of the autistic child.  When determining custody of an autistic child the judge should take into consideration all of the following issues:

1.  The acknowledgment and acceptance of the child’s disorder.

2.  Each parents ability to follow through on recommended behavioral interventions for the child.

3.  The parent’s capacity to understand the nature and circumstances of this disease.

4.  The willingness of the parent to place the child’s needs over his or her needs.

5.  Each parent’s ability to handle the psychological stress involved in raising an autistic child.

Joint Custody of the Autistic Child

Sometimes with healthy children, joint custody is the best route to deal with parent’s access to their children.  However, autistic children require special consideration when it comes to joint custody.  Joint custody will not necessarily be in the best interest of the autistic child. Autistic children require predictable and consistent schedules.  They do not function well when their schedules are interrupted.  Autistic children need regimented behavioral therapy.  This can be difficult to maintain when the child is going back and forth between two households.

It is extremely important both parents, the residential custodial parent and the non-residential custodial parent, be educated as to what autism involves and the types of long term therapies autistic children require.

Parenting Schedules and the Autistic Child

In cases involving autistic children parenting schedules should give special consideration to the child’s therapy regime.  Autistic children may be in year round extended school year programs related to special education.  When school regimes are interrupted for autistic children they can regress.divorce attorney on long island


Autism and Divorce – Part I

marriage and divorce attorneyDivorce is a common occurrence in today’s world.  In some states almost half of the marriages end in divorce.  When a married couple has an Autistic child it further complicates the home situation.  The inability of one or both parents to deal with the stress and problems in raising an autistic child can be a cause of divorce.  Parents of children with autism experience higher degrees of stress in their lives.

The Autistic Society of America, in a study, found the following cause for stress among autistic parents:

1.         Parents inability to determine the child’s needs.

2.         Reactions from society to the autistic child and the feelings of isolation.

3.         Concerns regarding future care for the autistic child.

4.         Finances and economic pressures caused by the cost of the therapies for the child.

5.         Feelings of grief.

6.         Lack of personal time.

7.         Stress from reactions by siblings and other family members

Divorce and Autism

There are special issues that affect parents of an autistic child during divorce proceedings. Issues involving child custodyvisitationchange in child custodychild supportfamily court issueschild abuse and child neglect proceedings, special education expenses for the child, and health insurance for the autistic child are issues that need to be dealt with.

Autism in America

There has been an astronomical increase in the past ten years in the number of children born in American who develop autism. Now approximately 1 out of every 90 child born in the United States develops autism.

Autism affects children in different ways.  Autistic children often have difficulty speaking.  Some autistic children only repeat what they hear others say.  Autistic children have difficulty making eye contact.  They can engage in obsessive-compulsive behaviors.  Examples of this type of behavior include lining up objects in a row and repeating a task over and over again for many hours.

Some autistic children do not understand danger. They can place their hand on a stove even if they were burned by doing this previously.  Autism is a serious disorder.  An autistic child’s ability to learn, communicate and socially interact is negatively affected.  Although autism is not curable, early diagnosis and intense behavioral treatment can allow the child to make significant improvements.maintenance and custody attorneys

Lie To The Court and Your Divorce Gets Dismissed

Justice Charles J. Markey was recently presented with two cases involving divorces that had similar fact situations. In both cases judgments for divorce had been granted to the parties based on sworn statements that there were no children from the marriages. However in both situations the court eventually discovered that there were children of these marriages.

The court found intentional fraud or inexcusable recklessness due to the fact there were unemancipated children of the marriages who required child support to be paid on their behalf. Since there were misrepresentations in the original documents, there was no child support in the divorce judgments.

In both situations the court vacated the judgments of divorce. The court refused to amend the divorce judgment to include the children. Both divorce law suits were dismissed by the courts.

Stayed Foreclosure Allowed To Continue

The court took note that in both situations there were homes in foreclosure. He put in previously granted stays with regard to the foreclosure proceeding during the pendency of the divorces. The court vacated the stays of the foreclosure matters and allowed the two foreclosures proceedings to proceed. Conclusion, tell the truth in your divorce admissions!

New York and Long Island Divorce Lawyers

The attorneys of the Law Offices of Schlissel DeCorpo have extensive experience in handling matrimonial and family court cases. The lawyers have a total of 100 years combined experience. These attorneys have extensive experience with regard to divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements. We also have litigated cases involving mothers’ rights and fathers’ rights.

Elliot S. Schlissel has litigated numerous cases dealing with professionals whether they are doctors, lawyers or dentists whose practices were being equitably distributed. The firm pays special attention to individuals who have high net worth divorce situations. Feel free to call for a free consultation 1-800-344-6431, 516-561-6645 and 718-350-2802.

Joint Custody Modified, Father Given Temporary Custody of Both Children

father-150x150Justice Connelly, sitting in the Supreme Court of Westchester County, modified a joint custody order and gave the father sole temporary custody of both of his children. The parties had entered into a stipulation of settlement wherein each of them would have joint custody. The children would reside with the mother and the father would have regular parenting time with the children.

Prior to a judgment of divorce being entered, the children were removed from the mother’s residence. There was an incident which alleged that she was using physical force against the older child. Criminal charges were pending against the mother.

The children were temporarily placed in the father’s custody during the pendency of the criminal allegations against the mother. The mother asked the court to award her sole physical and legal custody of the parties youngest child and joint custody of the parties other child. The mother argued that this was in conformity with the recommendation of a court appointed forensic evaluator. Judge Connelly rejected the forensic evaluator’s suggestions. He found that splitting the children up could cause more potential trauma and harm. The court refused to transfer the temporary custody of the younger child to the mother. She awarded the father, based on the children’s best interest, temporary custody of both children.

Fathers’ Rights Lawyers

We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custodyvisitationchild support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child supportrelocation problemsparental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.

Spousal Maintenance Award is Fair

sousal-150x150 Justice Janowitz, sitting in the Supreme Court located in Nassau County,  New York, recently made a decision in the case of Jill G. vs. Jeffery G,  202923-10 (March 18th). The wife in this case claimed that the  temporary, non-taxable maintenance payments she was receiving were  inadequate. The wife was receiving $10,783 per month. This award was  based on the presumptive amount of maintenance that has to be paid by one spouse to another, which maintains a current cap on only the first $500,000 of annual income. The wife claimed that the presumptive award was inadequate. She claimed that she had a child with physical disabilities. Her child had additional medical expenses, she claimed, due to these disabilities. Judge Janowitz carefully looked at the wife’s net worth statement (financial statement). He stated his opinion that this net worth statement did not reflect that there were extraordinary expenses that the wife was facing. He also found that the wife had received $450,000 in an infant compromise related to a personal injury award for this child.

The court stated in it’s decision that under New York Domestic Relations Law section 236B(5-a), the “pendente lite” (pending litigation) of spousal maintenance awards must comport with the new guidelines issued on October 12, 2010. To convince a court to deviate from these guidelines, the court must find that the pendente lite maintenance amount was unjust or inappropriate. In this case, Justice Janowitz felt that $10,783 per month in non-taxable pendente lite maintenance is a fair and reasonable award. Fathers’ rights were preserved in this case!

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NY Fathers’ Rights

Fathers have legal rights in matrimonial and family law proceedings. We aggressively protect fathers’ rights. We litigate all aspects of divorce proceedings. We represent fathers involving orders of protection, child custody matters, child visitation proceedings, child support proceedings, spousal maintenance proceedings (alimony), as well as child abuse and child neglect proceedings. We bring proceedings to reduce child support when fathers have had a reduction in their income or a loss of their job. We present defenses to child abuse cases. We litigation paternity related proceedings. In addition, we represent fathers concerning equitable distribution of assets, as well as negotiating separation agreements. Call us for a free consultation. We are available seven days a week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

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