Bill Text: NY A00898 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to support orders for adult dependents; provides that a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of 26, when it appears to the satisfaction of the court that such person is developmentally disabled as defined in section 1.03 of the mental hygiene law.

Spectrum: Slight Partisan Bill (Democrat 33-18)

Status: (Passed) 2021-10-08 - approval memo.23 [A00898 Detail]

Download: New_York-2021-A00898-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           898

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
          GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
          CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
          CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
          J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
          TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
          WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ -- read once and  referred
          to the Committee on Judiciary

        AN  ACT to amend the domestic relations law and the family court act, in
          relation to establishing a living allowance for adults  with  develop-
          mental disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The domestic relations law  is  amended  by  adding  a  new
     2  section 240-d to read as follows:
     3    §  240-d.  Support  orders  for adult dependent children. 1.  Notwith-
     4  standing any other law, parents or kinship caregivers of an adult  child
     5  under the age of twenty-six are chargeable with support of such individ-
     6  ual provided such individual is diagnosed with a developmental disabili-
     7  ty as defined under subdivision twenty-two of section 1.03 of the mental
     8  hygiene law.
     9    2.  Upon  petition  brought  by  the parent or kinship caregiver of an
    10  adult child with a disability,  the  court  shall  make  its  award  for
    11  support for an adult child with a developmental disability in accordance
    12  with the provisions of subdivision one-b of section two hundred forty of
    13  this  article.    In  addition to the provisions of subdivision one-b of
    14  section two hundred forty of this article, the court may consider wheth-
    15  er the financial responsibility of caring for the  individual  has  been
    16  unreasonably  placed  on  one  parent when determining the child support
    17  obligation. The duration of time the court may use when considering this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01275-01-1
        A. 898                              2

     1  factor shall be limited to the time period from when  the  child  turned
     2  twenty-one  until  the  child turns twenty-six. If a child support order
     3  ended at the age of eighteen then such time period shall  be  from  when
     4  the child turned eighteen until the child turns twenty-six.
     5    3.  The  court  has  jurisdiction  to determine proceedings brought by
     6  petition and order to show cause, for the determination  of  support  of
     7  adult  dependent  children,  as  well  as to enforce or modify orders or
     8  judgments.
     9    4. The court shall have discretion to order the payor  party  to  make
    10  support payments either directly to the New York achieving a better life
    11  experience  (NY  ABLE) savings program trust fund or directly to a third
    12  party, provided the funds are  used  to  pay  for  qualified  disability
    13  expenses.
    14    5. Except where inconsistent with this section, all provisions of this
    15  article relating to orders of child support shall apply to all orders of
    16  support for adult children with developmental disabilities.
    17    §  2. The family court act is amended by adding a new section 413-b to
    18  read as follows:
    19    § 413-b. Support orders for adult dependent  children.  1.    Notwith-
    20  standing  any other law, parents or kinship caregivers of an adult child
    21  under the age of twenty-six are chargeable with support of such individ-
    22  ual provided such individual is diagnosed with a developmental disabili-
    23  ty as defined under subdivision twenty-two of section 1.03 of the mental
    24  hygiene law.
    25    2. Upon petition brought by the parent  or  kinship  caregiver  of  an
    26  adult  child  with  a  disability,  the  court  shall make its award for
    27  support for an adult child with a developmental disability in accordance
    28  with the provisions of subdivision one of section four hundred  thirteen
    29  of  this  part.    In  addition  to the provisions of subdivision one of
    30  section four hundred thirteen of  this  part,  the  court  may  consider
    31  whether  the  financial  responsibility of caring for the individual has
    32  been unreasonably placed  on  one  parent  when  determining  the  child
    33  support  obligation. The duration of time the court may use when consid-
    34  ering this factor shall be limited to the  time  period  from  when  the
    35  child  turned  twenty-one  until  the child turns twenty-six. If a child
    36  support order ended at the age of eighteen then such time  period  shall
    37  be from when the child turned eighteen until the child turns twenty-six.
    38    3.  The  court  has  jurisdiction  to determine proceedings brought by
    39  petition and order to show cause, for the determination  of  support  of
    40  adult  dependent  children,  as  well  as to enforce or modify orders or
    41  judgments.
    42    4. The court shall have discretion to order the payor  party  to  make
    43  support payments either directly to the New York achieving a better life
    44  experience  (NY  ABLE) savings program trust fund or directly to a third
    45  party, provided the funds are  used  to  pay  for  qualified  disability
    46  expenses.
    47    5. Except where inconsistent with this section, all provisions of this
    48  article relating to orders of child support shall apply to all orders of
    49  support for adult children with developmental disabilities.
    50    § 3. This act shall take effect immediately.