S T A T E   O F   N E W   Y O R K
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                                  8249

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the domestic relations law and the family court act, in
  relation to child  support  for  children  attending  a  college  ROTC
  program,  a  military college, a military preparatory school or one of
  the United States military academies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  f of subdivision 1 of part B of section 236 of
the domestic relations law, as amended by chapter 281  of  the  laws  of
1980, is amended to read as follows:
  f.  The  term  "child support" shall mean a sum paid pursuant to court
order or decree by either or both parents or pursuant to a valid  agree-
ment  between  the  parties  for  care, maintenance and education of any
unemancipated child under the age of twenty-one years. FOR  PURPOSES  OF
THIS  PARAGRAPH, A CHILD UNDER THE AGE OF TWENTY-ONE YEARS WHO ATTENDS A
COLLEGE RESERVE OFFICERS' TRAINING  CORPS  (ROTC)  PROGRAM,  A  MILITARY
COLLEGE, A MILITARY PREPARATORY SCHOOL OR ONE OF THE UNITED STATES MILI-
TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
EDUCATIONAL INSTITUTION.
  S 2. Subparagraph 2 of paragraph (b) of subdivision 1-b of section 240
of  the  domestic  relations law, as added by chapter 567 of the laws of
1989, is amended to read as follows:
  (2) "Child support" shall mean a sum to  be  paid  pursuant  to  court
order  or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care,  maintenance  and  education  of  any
unemancipated  child  under the age of twenty-one years. FOR PURPOSES OF
THIS SUBPARAGRAPH, A CHILD UNDER THE AGE OF TWENTY-ONE YEARS WHO ATTENDS
A COLLEGE RESERVE OFFICERS' TRAINING CORPS (ROTC)  PROGRAM,  A  MILITARY
COLLEGE, A MILITARY PREPARATORY SCHOOL OR ONE OF THE UNITED STATES MILI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07787-03-5

              

A. 8249                             2

TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
EDUCATIONAL INSTITUTION.
  S  3.  Subparagraph 2 of paragraph (b) of subdivision 1 of section 413
of the family court act, as amended by chapter 567 of the laws of  1989,
is amended to read as follows:
  (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid  agree-
ment  between  the  parties  for  care, maintenance and education of any
unemancipated child under the age of twenty-one years. FOR  PURPOSES  OF
THIS SUBPARAGRAPH, A CHILD UNDER THE AGE OF TWENTY-ONE YEARS WHO ATTENDS
A  COLLEGE  RESERVE  OFFICERS' TRAINING CORPS (ROTC) PROGRAM, A MILITARY
COLLEGE, A MILITARY PREPARATORY SCHOOL OR ONE OF THE UNITED STATES MILI-
TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
EDUCATIONAL INSTITUTION.
  S 4. This act shall take effect immediately.