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
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. LBD10716-01-9A. 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.