A06658 Summary:

BILL NOA06658C
 
SAME ASSAME AS S05276-B
 
SPONSORWoerner
 
COSPNSRWalsh, Fahy, Williams, Reyes, Hunter, Gunther, Jean-Pierre, Simon, Jaffee, Galef, Hyndman, Solages, Davila, Buttenschon, Seawright, Dickens, Glick, McMahon, Miller ML, 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, Morinello, Rozic, Arroyo, Lupardo, Romeo, Darling, Wright, Walker, Hevesi, Cook, Wallace, Weprin, Rosenthal L, McDonald, Stirpe, Cruz
 
MLTSPNSR
 
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
 
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.
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A06658 Committee Votes:

JUDICIARY Chair:Dinowitz DATE:06/04/2019AYE/NAY:21/0 Action: Favorable refer to committee Codes
DinowitzAyePalumboAye
TitusAyeMontesanoAye
LavineAyeGoodellAye
ZebrowskiAyeNorrisAye
WeprinAyeWalshAye
BraunsteinAyeByrnesAye
SimotasAye
QuartAye
BuchwaldAye
SteckAye
SeawrightAye
JoynerAye
AbinantiAye
WrightAye
WallaceAye

CODES Chair:Lentol DATE:06/17/2019AYE/NAY:20/0 Action: Favorable refer to committee Rules
LentolAyeRaAye
SchimmingerAbsentGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAbsent
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Gottfried DATE:06/19/2019AYE/NAY:27/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A06658 Floor Votes:

DATE:06/21/2019Assembly Vote  YEA/NAY: 144/0
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchYGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioYMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellYManktelowYQuartYSolagesY
BarclayYDavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughERRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyYMikulinYRaynorERStirpeY
BenedettoYDickensYHevesiYMiller B YReillyYTagueY
BichotteYDilanYHunterYMiller MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMiller MLYRichardsonYThieleY
BlankenbushYDiPietroYJacobsonYMontesanoYRiveraYTitusER
BrabenecYD'UrsoYJaffeeYMorinelloYRodriguezYVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRosenthal D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRosenthal L YWallaceY
BurkeYFahyYJoynerYNorrisYRozicYWalshY
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneYFernandezYKolbYOrtizYSalkaYWeprinY
ByrnesYFinchYLalorYOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickYLavineYPalmesanoYSayeghERWoernerY
CarrollYFriendYLawrenceYPalumboYSchimmingerYWrightY
ColtonYFrontusYLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesERSeawrightYMr. SpeakerY

DATE:02/05/2020Assembly Vote  YEA/NAY: 143/0
AbbateYCrespoYFrontusYLentolYPaulinYSimonY
AbinantiYCrouchYGalefYLiftonYPeoples-StokesYSimotasY
ArroyoYCruzYGanttYLiPetriYPerryYSmithY
AshbyYCusickYGarbarinoYLupardoYPheffer AmatoYSmullenY
AubryYCymbrowitzYGiglioYMagnarelliYPichardoYSolagesY
BarclayYDarlingYGlickYMalliotakisYPretlowYStecY
BarnwellYRaynorYGoodellYManktelowYQuartYSteckY
BarrettYDavilaYGottfriedYMcDonaldYRaYSternY
BarronYDe La RosaYGriffinYMcDonoughYRamosYStirpeY
BenedettoYDenDekkerYGuntherYMcMahonYReillyYTagueY
BichotteYDeStefanoYHawleyYMikulinYReyesYTaylorY
BlakeYDickensYHevesiYMiller B YRichardsonYThieleY
BlankenbushYDilanYHunterYMiller MGYRiveraYVanelER
BrabenecYDinowitzYHyndmanYMiller MLYRodriguezYWalczykY
BraunsteinYDiPietroYJacobsonYMontesanoYRomeoERWalkerY
BronsonYD'UrsoYJaffeeYMorinelloYRosenthal D YWallaceY
BuchwaldYEichensteinYJean-PierreYMosleyYRosenthal L YWalshY
BurkeYEnglebrightYJohnsYNiouYRozicYWeinsteinY
ButtenschonYEpsteinYJonesYNolanERRyanYWeprinY
ByrneYFahyYJoynerYNorrisYSalkaYWilliamsY
ByrnesYFallYKimYO'DonnellYSantabarbaraYWoernerY
CahillYFernandezYKolbYOrtizYSayeghYWrightY
CarrollYFinchYLalorYOtisYSchimmingerERZebrowskiY
ColtonYFitzpatrickYLavineERPalmesanoYSchmittYMr. SpeakerY
CookYFriendYLawrenceYPalumboYSeawrightY

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A06658 Memo:

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.
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A06658 Text:



 
                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.
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