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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 39-21)

Status: (Engrossed - Dead) 2020-02-05 - REFERRED TO CHILDREN AND FAMILIES [A06658 Detail]

Download: New_York-2019-A06658-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6658
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced  by  M. of A. WOERNER, WALSH -- 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 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.  The court shall make its award for support for an adult child with
     9  a developmental disability in accordance with the provisions of subdivi-
    10  sion one-b of section two hundred forty of this article.  If  the  court
    11  awards  a living allowance for an adult child with a developmental disa-
    12  bility, then on or before each and every fifth year following  the  date
    13  that  the  judgment  award was entered, the court shall, sua sponte, set
    14  the matter down for a mandatory reassessment hearing to determine  if  a
    15  modification of the living allowance is warranted based on a substantial
    16  change in circumstances.
    17    3.  The  court  has  jurisdiction  to determine proceedings brought by
    18  petition and order to show cause, for the determination  of  support  of
    19  adult  dependent  children,  as  well  as to enforce or modify orders or
    20  judgments.
    21    4. The court shall have discretion to order the payor  party  to  make
    22  support payments either directly to the New York achieving a better life
    23  experience  (NY  ABLE) savings program trust fund or directly to a third
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10716-01-9

        A. 6658                             2
     1  party, provided the funds are  used  to  pay  for  qualified  disability
     2  expenses.
     3    5.  All  orders  for  support  for an adult child with a developmental
     4  disability shall include retroactive support  for  all  adult  dependent
     5  children  aged twenty-six or younger.  Any retroactive amount of support
     6  due shall be support arrears/past due support and shall be paid pursuant
     7  to the provisions of paragraph (j) of subdivision  one  of  section  two
     8  hundred forty of this article.
     9    6. Except where inconsistent with this section, all provisions of this
    10  article relating to orders of child support shall apply to all orders of
    11  support for adult children with developmental disabilities.
    12    §  2. The family court act is amended by adding a new section 413-b to
    13  read as follows:
    14    § 413-b. Support orders for adult dependent  children.  1.    Notwith-
    15  standing any other law, parents of an adult child of any age are charge-
    16  able  with  support of such individual provided such individual is diag-
    17  nosed with a  developmental  disability  as  defined  under  subdivision
    18  twenty-two of section 1.03 of the mental hygiene law.
    19    2.  The court shall make its award for support for an adult child with
    20  a developmental disability in accordance with the provisions of subdivi-
    21  sion one of section four hundred thirteen of this  part.  If  the  court
    22  awards  a living allowance for an adult child with a developmental disa-
    23  bility, then on or before each and every fifth year following  the  date
    24  that  the  judgment  award was entered, the court shall, sua sponte, set
    25  the matter down for a mandatory reassessment hearing to determine  if  a
    26  modification of the living allowance is warranted based on a substantial
    27  change in circumstances.
    28    3.  The  court  has  jurisdiction  to determine proceedings brought by
    29  petition and order to show cause, for the determination  of  support  of
    30  adult  dependent  children,  as  well  as to enforce or modify orders or
    31  judgments.
    32    4. The court shall have discretion to order the payor  party  to  make
    33  support payments either directly to the New York achieving a better life
    34  experience  (NY  ABLE) savings program trust fund or directly to a third
    35  party, provided the funds are  used  to  pay  for  qualified  disability
    36  expenses.
    37    5.  All  orders  for  support  for an adult child with a developmental
    38  disability shall include retroactive support  for  all  adult  dependent
    39  children  aged twenty-six or younger.  Any retroactive amount of support
    40  due shall be support arrears/past due support and shall be paid pursuant
    41  to the provisions of subdivision one of section four  hundred  forty  of
    42  this article.
    43    6. Except where inconsistent with this section, all provisions of this
    44  article relating to orders of child support shall apply to all orders of
    45  support for adult children with developmental disabilities.
    46    § 3. This act shall take effect immediately.
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