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

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-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6658--B

                               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

        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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10716-04-9

        A. 6658--B                          2

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