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Assembly Bill A3523

2019-2020 Legislative Session

Relates to establishing a living allowance for an adult child with a developmental disability

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2019-A3523 (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L
Versions Introduced in 2017-2018 Legislative Session:
A9559

2019-A3523 (ACTIVE) - Summary

Establishes a living allowance for an adult child with a developmental disability.

2019-A3523 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3523
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. WALSH -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the domestic relations law, in relation to  establishing
   a living allowance for an adult child with a developmental disability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The domestic relations law  is  amended  by  adding  a  new
 section 240-d to read as follows:
   § 240-D. SUPPORT ORDERS FOR ADULT DEPENDENT CHILDREN. 1. PARENTS OF AN
 ADULT CHILD OF ANY AGE ARE CHARGEABLE WITH SUPPORT OF SUCH INDIVIDUAL SO
 LONG  AS SUCH INDIVIDUAL IS DIAGNOSED WITH A DEVELOPMENTAL DISABILITY AS
 DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW.
   2.  THE COURT SHALL MAKE ITS AWARD FOR SUPPORT FOR AN ADULT CHILD WITH
 A DEVELOPMENTAL DISABILITY PURSUANT TO THE PROVISIONS OF  THIS  SUBDIVI-
 SION.   IF THE COURT AWARDS A LIVING ALLOWANCE FOR AN ADULT CHILD WITH A
 DEVELOPMENTAL DISABILITY, THEN ON OR BEFORE EACH AND  EVERY  FIFTH  YEAR
 FOLLOWING  THE  DATE  THAT  SUCH  JUDGMENT  AWARD WAS ENTERED, THE COURT
 SHALL, SUA SPONTE, SET THE MATTER  DOWN  FOR  A  MANDATORY  REASSESSMENT
 HEARING  TO  DETERMINE  IF  A  MODIFICATION  OF  THE LIVING ALLOWANCE IS
 WARRANTED BASED ON A SUBSTANTIAL CHANGE IN CIRCUMSTANCES.
   3. THE FAMILY COURT HAS JURISDICTION TO DETERMINE PROCEEDINGS  BROUGHT
 BY PETITION AND ORDER TO SHOW CAUSE, FOR THE DETERMINATION OF SUPPORT OF
 ADULT  DEPENDENT  CHILDREN,  AS  WELL  AS TO ENFORCE OR MODIFY ORDERS OR
 JUDGMENTS.
   4. THE FAMILY COURT SHALL HAVE DISCRETION TO ORDER THE PAYOR PARTY  TO
 MAKE SUPPORT PAYMENTS EITHER DIRECTLY TO THE NEW YORK ACHIEVING A BETTER
 LIFE  EXPERIENCE (NY ABLE) SAVINGS ACCOUNT OR DIRECTLY TO A THIRD PARTY,
 PROVIDED THE FUNDS ARE USED TO PAY FOR QUALIFIED DISABILITY EXPENSES.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07643-01-9

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