Bill Text: NY A06658 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to support orders for adult dependent children; provides that parents of an adult child of any age 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 33-21)

Status: (Introduced) 2019-05-07 - print number 6658a [A06658 Detail]

Download: New_York-2019-A06658-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         6658--A
                               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 -- read once and referred to the
          Committee on Judiciary -- 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 of an adult child of any age are chargea-
     5  ble with support of such individual provided such  individual  is  diag-
     6  nosed  with  a  developmental  disability  as  defined under subdivision
     7  twenty-two of section 1.03 of the mental hygiene law.
     8    2. Upon petition brought by the parent of an adult child with a  disa-
     9  bility,  the  court  shall make its award for support for an adult child
    10  with a developmental disability in accordance  with  the  provisions  of
    11  subdivision  one-b  of section two hundred forty of this article. If the
    12  court awards a living allowance for an adult child with a  developmental
    13  disability,  then  on  or before each and every fifth year following the
    14  date that the judgment award was entered, the court shall,  sua  sponte,
    15  set the matter down for a mandatory reassessment hearing to determine if
    16  a  modification of the living allowance is warranted based on a substan-
    17  tial change in circumstances.
    18    3. The court has jurisdiction  to  determine  proceedings  brought  by
    19  petition  and  order  to show cause, for the determination of support of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10716-02-9

        A. 6658--A                          2
     1  adult dependent children, as well as to  enforce  or  modify  orders  or
     2  judgments.
     3    4.  The  court  shall have discretion to order the payor party to make
     4  support payments either directly to the New York achieving a better life
     5  experience (NY ABLE) savings program trust fund or directly to  a  third
     6  party,  provided  the  funds  are  used  to pay for qualified disability
     7  expenses.
     8    5. All orders for support for an  adult  child  with  a  developmental
     9  disability may include retroactive support for all adult dependent chil-
    10  dren  aged twenty-six or younger.  Any retroactive amount of support due
    11  shall be support arrears/past due support and shall be paid pursuant  to
    12  the  provisions  of  paragraph  (j)  of  subdivision  one of section two
    13  hundred forty of this article.
    14    6. 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 of an adult child of any age are charge-
    21  able with support of such individual provided such individual  is  diag-
    22  nosed  with  a  developmental  disability  as  defined under subdivision
    23  twenty-two of section 1.03 of the mental hygiene law.
    24    2. Upon petition brought by the parent of an adult child with a  disa-
    25  bility,  the  court  shall make its award for support for an adult child
    26  with a developmental disability in accordance  with  the  provisions  of
    27  subdivision  one  of  section four hundred thirteen of this part. If the
    28  court awards a living allowance for an adult child with a  developmental
    29  disability,  then  on  or before each and every fifth year following the
    30  date that the judgment award was entered, the court shall,  sua  sponte,
    31  set the matter down for a mandatory reassessment hearing to determine if
    32  a  modification of the living allowance is warranted based on a substan-
    33  tial change in circumstances.
    34    3. The court has jurisdiction  to  determine  proceedings  brought  by
    35  petition  and  order  to show cause, for the determination of support of
    36  adult dependent children, as well as to  enforce  or  modify  orders  or
    37  judgments.
    38    4.  The  court  shall have discretion to order the payor party to make
    39  support payments either directly to the New York achieving a better life
    40  experience (NY ABLE) savings program trust fund or directly to  a  third
    41  party,  provided  the  funds  are  used  to pay for qualified disability
    42  expenses.
    43    5. All orders for support for an  adult  child  with  a  developmental
    44  disability  shall  include  retroactive  support for all adult dependent
    45  children aged twenty-six or younger.  Any retroactive amount of  support
    46  due shall be support arrears/past due support and shall be paid pursuant
    47  to  the  provisions  of subdivision one of section four hundred forty of
    48  this article.
    49    6. Except where inconsistent with this section, all provisions of this
    50  article relating to orders of child support shall apply to all orders of
    51  support for adult children with developmental disabilities.
    52    § 3. This act shall take effect immediately.
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