Bill Text: NY A06658 | 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 38-21)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A06658 Detail]

Download: New_York-2019-A06658-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6658--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 14, 2019
                                       ___________

        Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
          GUNTHER, JEAN-PIERRE, SIMON, JAFFEE, GALEF, HYNDMAN, SOLAGES,  DAVILA,
          BUTTENSCHON,  SEAWRIGHT,  DICKENS, GLICK, McMAHON, M. L. MILLER, NIOU,
          BLAKE, SIMOTAS,  QUART,  D'URSO,  CUSICK,  ASHBY,  BRABENEC,  WALCZYK,
          BYRNES, SMULLEN, FRIEND, MONTESANO, GIGLIO, CROUCH, BLANKENBUSH, STEC,
          LAWRENCE, MANKTELOW, HAWLEY, FINCH, GOODELL, BYRNE, DiPIETRO, MORINEL-
          LO,  ROZIC,  ARROYO,  LUPARDO,  ROMEO, RAYNOR, WRIGHT, WALKER, HEVESI,
          COOK, WALLACE, WEPRIN -- read once and referred to  the  Committee  on
          Judiciary  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10716-06-9

        A. 6658--C                          2

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