Bill Text: NY S04467 | 2021-2022 | 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 dependents; provides that a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of 26, when it appears to the satisfaction of the court that such person is developmentally disabled as defined in section 1.03 of the mental hygiene law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-06-09 - SUBSTITUTED BY A898B [S04467 Detail]

Download: New_York-2021-S04467-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4467--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  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 certain adult dependents. 1. Notwithstand-
     4  ing  any other law, a person who would otherwise be chargeable under law
     5  with support of a minor child is also chargeable with the support of any
     6  such individual until such individual reaches  the  age  of  twenty-six,
     7  provided  such  individual  has  a diagnosed developmental disability as
     8  defined in subdivision twenty-two of section 1.03 of the mental  hygiene
     9  law,  resides  with  the person seeking such support, and is principally
    10  dependent on such person for maintenance.
    11    2. Upon petition brought by such person,  the  court  shall  make  its
    12  award for support for such individual with a developmental disability in
    13  accordance  with  the  provisions  of  subdivision  one-b of section two
    14  hundred forty of this article.  In addition to the provisions of  subdi-
    15  vision one-b of section two hundred forty of this article, the court may
    16  consider whether the financial responsibility of caring for the individ-
    17  ual  has  been  unreasonably  placed  on one parent when determining the
    18  support obligation. The duration of time the court may use when  consid-
    19  ering  this  factor  shall  be  limited to the time period from when the
    20  child turned twenty-one until the  individual  turns  twenty-six.  If  a
    21  child  support  order ended at the age of eighteen then such time period

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08323-02-1
        S. 4467--A                          2

     1  shall be from when the child turned eighteen until the individual  turns
     2  twenty-six.
     3    3.  The  court  has  jurisdiction  to determine proceedings brought by
     4  petition and order to show cause, for the determination  of  support  of
     5  such  adult  dependents, as well as to enforce or modify orders or judg-
     6  ments.
     7    4. The court shall have discretion to order the payor  party  to  make
     8  support  payments  either  to  the  petitioner  or  to the trustee of an
     9  "exception trust" as   defined in  42  U.S.C.  1396p(d)(4)(A)  and  (C),
    10  clause  (iii) of subparagraph two of paragraph (b) of subdivision two of
    11  section three hundred sixty-six of the social services law, and  section
    12  7-1.12  of  the  estates,  powers and trusts law if such direction would
    13  assist in maximizing assistance to the child.
    14    5. Except where inconsistent with this section, all provisions of this
    15  article relating to orders of child support shall apply to all orders of
    16  support for adults with developmental disabilities.
    17    § 2. The family court act is amended by adding a new section 413-b  to
    18  read as follows:
    19    § 413-b. Support orders for certain adult dependents. 1. Notwithstand-
    20  ing  any other law, a person who would otherwise be chargeable under law
    21  with support of a minor child is also chargeable with the support of any
    22  such individual until such individual reaches  the  age  of  twenty-six,
    23  provided  such  individual  has  a diagnosed developmental disability as
    24  defined under subdivision twenty-two  of  section  1.03  of  the  mental
    25  hygiene  law, resides with the person seeking such support, and is prin-
    26  cipally dependent on such person for maintenance.
    27    2. Upon petition brought by the parent  or  kinship  caregiver  of  an
    28  adult  child  with  a  disability,  the  court  shall make its award for
    29  support for such individual with a developmental disability  in  accord-
    30  ance  with  the  provisions  of  subdivision one of section four hundred
    31  thirteen of this part. In addition to the provisions of subdivision  one
    32  of  section  four  hundred thirteen of this part, the court may consider
    33  whether the financial responsibility of caring for  the  individual  has
    34  been  unreasonably  placed  on  one  parent  when  determining the child
    35  support obligation. The duration of time the court may use when  consid-
    36  ering  this  factor  shall  be  limited to the time period from when the
    37  child turned twenty-one until the  individual  turns  twenty-six.  If  a
    38  child  support  order ended at the age of eighteen then such time period
    39  shall be from when the child turned eighteen until the individual  turns
    40  twenty-six.
    41    3.  The  court  has  jurisdiction  to determine proceedings brought by
    42  petition and order to show cause, for the determination  of  support  of
    43  such dependents, as well as to enforce or modify orders or judgments.
    44    4.  The  court  shall have discretion to order the payor party to make
    45  support payments either to the  petitioner  or  to  the  trustee  of  an
    46  "exception trust" as defined in 42 U.S.C. 1396p(d)(4)(A) and (C), clause
    47  (iii) of subparagraph two of paragraph (b) of subdivision two of section
    48  three  hundred sixty-six of the social services law, and  section 7-1.12
    49  of the estates, powers and trusts law if such direction would assist  in
    50  maximizing assistance to the child.
    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 adults with developmental disabilities.
    54    § 3. This act shall take effect immediately.