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
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. LBD10716-04-9A. 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.