Bill Text: NY S05276 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 3-1)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S05276 Detail]

Download: New_York-2019-S05276-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5276--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 23, 2019
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          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
    20  adult  dependent  children,  as  well  as to enforce or modify orders or
    21  judgments.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10716-03-9
        S. 5276--A                          2

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