Bill Text: NY S05276 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to support orders for adult dependent children; provides that parents or kinship caregivers of an adult child under the age of 26 are chargeable with support of such individual provided such individual is diagnosed with a developmental disability as defined in section 1.03 of the mental hygiene law.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S05276 Detail]
Download: New_York-2019-S05276-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5276--B 2019-2020 Regular Sessions IN SENATE April 23, 2019 ___________ Introduced by Sens. PERSAUD, CARLUCCI, SALAZAR, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 18 factor shall be limited to the time period from when the child turned 19 twenty-one until the child turns twenty-six. If a child support order EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10716-07-9S. 5276--B 2 1 ended at the age of eighteen then such time period shall be from when 2 the child turned eighteen until the child turns twenty-six. 3 3. The court has jurisdiction to determine proceedings brought by 4 petition and order to show cause, for the determination of support of 5 adult dependent children, as well as to enforce or modify orders or 6 judgments. 7 4. The court shall have discretion to order the payor party to make 8 support payments either directly to the New York achieving a better life 9 experience (NY ABLE) savings program trust fund or directly to a third 10 party, provided the funds are used to pay for qualified disability 11 expenses. 12 5. Except where inconsistent with this section, all provisions of this 13 article relating to orders of child support shall apply to all orders of 14 support for adult children with developmental disabilities. 15 § 2. The family court act is amended by adding a new section 413-b to 16 read as follows: 17 § 413-b. Support orders for adult dependent children. 1. Notwith- 18 standing any other law, parents or kinship caregivers of an adult child 19 under the age of twenty-six are chargeable with support of such individ- 20 ual provided such individual is diagnosed with a developmental disabili- 21 ty as defined under subdivision twenty-two of section 1.03 of the mental 22 hygiene law. 23 2. Upon petition brought by the parent or kinship caregiver of an 24 adult child with a disability, the court shall make its award for 25 support for an adult child with a developmental disability in accordance 26 with the provisions of subdivision one of section four hundred thirteen 27 of this part. In addition to the provisions of subdivision one of 28 section four hundred thirteen of this part, the court may consider 29 whether the financial responsibility of caring for the individual has 30 been unreasonably placed on one parent when determining the child 31 support obligation. The duration of time the court may use when consid- 32 ering this factor shall be limited to the time period from when the 33 child turned twenty-one until the child turns twenty-six. If a child 34 support order ended at the age of eighteen then such time period shall 35 be from when the child turned eighteen until the child turns twenty-six. 36 3. The court has jurisdiction to determine proceedings brought by 37 petition and order to show cause, for the determination of support of 38 adult dependent children, as well as to enforce or modify orders or 39 judgments. 40 4. The court shall have discretion to order the payor party to make 41 support payments either directly to the New York achieving a better life 42 experience (NY ABLE) savings program trust fund or directly to a third 43 party, provided the funds are used to pay for qualified disability 44 expenses. 45 5. Except where inconsistent with this section, all provisions of this 46 article relating to orders of child support shall apply to all orders of 47 support for adult children with developmental disabilities. 48 § 3. This act shall take effect immediately.
