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Assembly Bill A6658C

2019-2020 Legislative Session

Relates to support orders for adult dependent children

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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Bill Amendments

co-Sponsors

2019-A6658 - Details

See Senate Version of this Bill:
S5276
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A898

2019-A6658 - Summary

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.

2019-A6658 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6658
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M. of A. WOERNER, WALSH -- 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  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:
 
   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.    NOTWITH-
 STANDING ANY OTHER LAW PARENTS OF AN ADULT CHILD OF ANY AGE ARE CHARGEA-
 BLE  WITH  SUPPORT  OF SUCH INDIVIDUAL PROVIDED SUCH INDIVIDUAL IS DIAG-
 NOSED WITH A  DEVELOPMENTAL  DISABILITY  AS  DEFINED  UNDER  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 IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
 SION ONE-B OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE.  IF  THE  COURT
 AWARDS  A LIVING ALLOWANCE FOR AN ADULT CHILD WITH A DEVELOPMENTAL DISA-
 BILITY, THEN ON OR BEFORE EACH AND EVERY FIFTH YEAR FOLLOWING  THE  DATE
 THAT  THE  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  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 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 PROGRAM TRUST FUND OR DIRECTLY TO A THIRD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10716-01-9

co-Sponsors

2019-A6658A - Details

See Senate Version of this Bill:
S5276
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A898

2019-A6658A - Summary

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.

2019-A6658A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6658--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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 -- read once and referred 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:
 
   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.  NOTWITH-
 STANDING ANY OTHER LAW PARENTS OF AN ADULT CHILD OF ANY AGE ARE CHARGEA-
 BLE WITH SUPPORT OF SUCH INDIVIDUAL PROVIDED SUCH  INDIVIDUAL  IS  DIAG-
 NOSED  WITH  A  DEVELOPMENTAL  DISABILITY  AS  DEFINED UNDER SUBDIVISION
 TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   2. UPON PETITION BROUGHT BY THE PARENT OF AN ADULT CHILD WITH A  DISA-
 BILITY,  THE  COURT  SHALL MAKE ITS AWARD FOR SUPPORT FOR AN ADULT CHILD
 WITH A DEVELOPMENTAL DISABILITY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION  ONE-B  OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE. 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 THE 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 SUBSTAN-
 TIAL CHANGE IN CIRCUMSTANCES.
   3. THE COURT HAS JURISDICTION  TO  DETERMINE  PROCEEDINGS  BROUGHT  BY
 PETITION  AND  ORDER  TO SHOW CAUSE, FOR THE DETERMINATION OF SUPPORT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10716-02-9

co-Sponsors

2019-A6658B - Details

See Senate Version of this Bill:
S5276
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A898

2019-A6658B - Summary

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.

2019-A6658B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6658--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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
 
 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:
 
   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.    NOTWITH-
 STANDING  ANY OTHER LAW, PARENTS OR KINSHIP CAREGIVERS OF AN ADULT CHILD
 UNDER THE AGE OF TWENTY-SIX ARE CHARGEABLE WITH SUPPORT OF SUCH INDIVID-
 UAL PROVIDED SUCH INDIVIDUAL IS DIAGNOSED WITH A DEVELOPMENTAL DISABILI-
 TY AS DEFINED UNDER SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW.
   2. UPON PETITION BROUGHT BY THE PARENT  OR  KINSHIP  CAREGIVER  OF  AN
 ADULT  CHILD  WITH  A  DISABILITY,  THE  COURT  SHALL MAKE ITS AWARD FOR
 SUPPORT FOR AN ADULT CHILD WITH A DEVELOPMENTAL DISABILITY IN ACCORDANCE
 WITH THE PROVISIONS OF SUBDIVISION ONE-B OF SECTION TWO HUNDRED FORTY OF
 THIS ARTICLE.  IN ADDITION TO THE PROVISIONS  OF  SUBDIVISION  ONE-B  OF
 SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY CONSIDER WHETH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A6658C (ACTIVE) - Details

See Senate Version of this Bill:
S5276
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A898

2019-A6658C (ACTIVE) - Summary

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.

2019-A6658C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6658--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   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.    NOTWITH-
 STANDING  ANY OTHER LAW, PARENTS OR KINSHIP CAREGIVERS OF AN ADULT CHILD
 UNDER THE AGE OF TWENTY-SIX ARE CHARGEABLE WITH SUPPORT OF SUCH INDIVID-
 UAL PROVIDED SUCH INDIVIDUAL IS DIAGNOSED WITH A DEVELOPMENTAL DISABILI-
 TY AS DEFINED UNDER SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW.
   2. UPON PETITION BROUGHT BY THE PARENT  OR  KINSHIP  CAREGIVER  OF  AN
 ADULT  CHILD  WITH  A  DISABILITY,  THE  COURT  SHALL MAKE ITS AWARD FOR
 SUPPORT FOR AN ADULT CHILD WITH A DEVELOPMENTAL DISABILITY IN ACCORDANCE
 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.

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