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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6658C
SPONSOR: Woerner TITLE OF BILL: An act to amend the domestic relations law and the
family court act, in relation to establishing a living allowance for
adults with developmental disabilities
PURPOSE:
To aid families and dependent adult children who have surpassed the age
of majority for child support, but have developmental disabilities that
necessitate a living allowance.
SUMMARY OF PROVISIONS:
Section 1 amends the Domestic Relations Law by adding a new section
240-d, to provide a living allowance, structured similarly to current
child support provisions, for adult children with developmental disabil-
ities. This award would be at the discretion of the Court, so long as
such individual is diagnosed with a developmental disability, including
but not limited to a disability that is attributable to: intellectual
disability, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; has continued or can be expected to continue indefinitely; and
constitutes a substantial handicap to a person's ability to function
normally in society.
Section 2 amends the family court act by adding a new section 413-b, to
provide a living allowance, structured similarly to current child
support provisions, for adult children with developmental disabilities.
This award would be at the discretion of the Court, so long as such
individual is diagnosed with a developmental disability, including but
not limited to a disability that is attributable to: intellectual disa-
bility, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; has continued or can be expected to continue indefinitely; and
constitutes a substantial handicap to a person's ability to function
normally in society.
Section 3 establishes the Effective Date
JUSTIFICATION:
The "age of majority" is the legal age established by state law which
defines that an individual is no longer a minor, and as a young adult,
is granted the right and responsibility to make certain legal choices
that adults make. In some states, you are considered an adult at the age
of 18 or upon high school graduation, in others it is extended until the
age of 21.
According to the National Conference of State Legislatures, an exception
to the rule that parents' duty to support their children ends at the
children's majority occurs when the child has mental or physical disa-
bilities and cannot support his/herself. Oftentimes courts define "disa-
bility" in economic terms, meaning the inability of the adult disabled
child to adequately care for themselves through their own means.
Currently 40 states have provisions allowing custodial parents to pursue
child support after age 21 for adult children with disabilities. Our
neighboring states New Jersey, Massachusetts and Rhode Island all passed
such legislation. States, differ as to whether support for an adult
disabled child is determined by the state's child support guidelines or
by the needs of the child as balanced by the parents ability to provide
support.
Families with dependent, adult-children with developmental disabilities,
face numerous challenges in providing necessary support for their loved
ones. These challenges can at times become overwhelming, especially when
they are being faced by a single parent trying to provide the best life
they can for their child. It is the responsibility of both parents to
assist in the expenses that occur while assisting an adult-child with
developmental disabilities, and we must help ensure these families
achieve the lives they have always wanted for themselves and their
child. This legislation aims to provide families with the assistance
they need in order to offer the life their loved ones deserve.
LEGISLATIVE HISTORY:
This is a new bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6658--C
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 -- again
reported from said committee with amendments, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10716-06-9
A. 6658--C 2
1 this article. In addition to the provisions of subdivision one-b of
2 section two hundred forty of this article, the court may consider wheth-
3 er the financial responsibility of caring for the individual has been
4 unreasonably placed on one parent when determining the child support
5 obligation. The duration of time the court may use when considering this
6 factor shall be limited to the time period from when the child turned
7 twenty-one until the child turns twenty-six. If a child support order
8 ended at the age of eighteen then such time period shall be from when
9 the child turned eighteen until the child turns twenty-six.
10 3. The court has jurisdiction to determine proceedings brought by
11 petition and order to show cause, for the determination of support of
12 adult dependent children, as well as to enforce or modify orders or
13 judgments.
14 4. The court shall have discretion to order the payor party to make
15 support payments either directly to the New York achieving a better life
16 experience (NY ABLE) savings program trust fund or directly to a third
17 party, provided the funds are used to pay for qualified disability
18 expenses.
19 5. Except where inconsistent with this section, all provisions of this
20 article relating to orders of child support shall apply to all orders of
21 support for adult children with developmental disabilities.
22 § 2. The family court act is amended by adding a new section 413-b to
23 read as follows:
24 § 413-b. Support orders for adult dependent children. 1. Notwith-
25 standing any other law, parents or kinship caregivers of an adult child
26 under the age of twenty-six are chargeable with support of such individ-
27 ual provided such individual is diagnosed with a developmental disabili-
28 ty as defined under subdivision twenty-two of section 1.03 of the mental
29 hygiene law.
30 2. Upon petition brought by the parent or kinship caregiver of an
31 adult child with a disability, the court shall make its award for
32 support for an adult child with a developmental disability in accordance
33 with the provisions of subdivision one of section four hundred thirteen
34 of this part. In addition to the provisions of subdivision one of
35 section four hundred thirteen of this part, the court may consider
36 whether the financial responsibility of caring for the individual has
37 been unreasonably placed on one parent when determining the child
38 support obligation. The duration of time the court may use when consid-
39 ering this factor shall be limited to the time period from when the
40 child turned twenty-one until the child turns twenty-six. If a child
41 support order ended at the age of eighteen then such time period shall
42 be from when the child turned eighteen until the child turns twenty-six.
43 3. The court has jurisdiction to determine proceedings brought by
44 petition and order to show cause, for the determination of support of
45 adult dependent children, as well as to enforce or modify orders or
46 judgments.
47 4. The court shall have discretion to order the payor party to make
48 support payments either directly to the New York achieving a better life
49 experience (NY ABLE) savings program trust fund or directly to a third
50 party, provided the funds are used to pay for qualified disability
51 expenses.
52 5. Except where inconsistent with this section, all provisions of this
53 article relating to orders of child support shall apply to all orders of
54 support for adult children with developmental disabilities.
55 § 3. This act shall take effect immediately.
