NY State Assembly Bill A6658C

Archive: Last Bill Status - Passed Assembly

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2020	referred to children and families delivered to senate passed assembly
Jan 08, 2020	ordered to third reading cal.241 returned to assembly died in senate
Jun 20, 2019	referred to rules delivered to senate passed assembly
Jun 19, 2019	ordered to third reading rules cal.593 rules report cal.593 reported
Jun 17, 2019	reported referred to rules
Jun 15, 2019	print number 6658c
Jun 15, 2019	amend and recommit to codes
Jun 14, 2019	print number 6658b
Jun 14, 2019	amend and recommit to codes
Jun 04, 2019	reported referred to codes
May 07, 2019	print number 6658a
May 07, 2019	amend and recommit to judiciary
Mar 14, 2019	referred to judiciary

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

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

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.

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

A. 6658                             2

PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
EXPENSES.
  5.  ALL  ORDERS  FOR  SUPPORT  FOR AN ADULT CHILD WITH A DEVELOPMENTAL
DISABILITY SHALL INCLUDE RETROACTIVE SUPPORT  FOR  ALL  ADULT  DEPENDENT
CHILDREN  AGED TWENTY-SIX OR YOUNGER.  ANY RETROACTIVE AMOUNT OF SUPPORT
DUE SHALL BE SUPPORT ARREARS/PAST DUE SUPPORT AND SHALL BE PAID PURSUANT
TO THE PROVISIONS OF PARAGRAPH (J) OF SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED FORTY OF THIS ARTICLE.
  6. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  §  2. The family court act is amended by adding a new section 413-b to
read as follows:
  § 413-B. SUPPORT ORDERS FOR ADULT DEPENDENT  CHILDREN.  1.    NOTWITH-
STANDING ANY OTHER LAW, PARENTS OF AN ADULT CHILD OF ANY AGE ARE CHARGE-
ABLE  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 OF SECTION FOUR HUNDRED THIRTEEN OF THIS  PART.  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
PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
EXPENSES.
  5.  ALL  ORDERS  FOR  SUPPORT  FOR AN ADULT CHILD WITH A DEVELOPMENTAL
DISABILITY SHALL INCLUDE RETROACTIVE SUPPORT  FOR  ALL  ADULT  DEPENDENT
CHILDREN  AGED TWENTY-SIX OR YOUNGER.  ANY RETROACTIVE AMOUNT OF SUPPORT
DUE SHALL BE SUPPORT ARREARS/PAST DUE SUPPORT AND SHALL BE PAID PURSUANT
TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FOUR  HUNDRED  FORTY  OF
THIS ARTICLE.
  6. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  § 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

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

A6658A - Summary

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

A. 6658--A                          2

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
PARTY,  PROVIDED  THE  FUNDS  ARE  USED  TO PAY FOR QUALIFIED DISABILITY
EXPENSES.
  5. ALL ORDERS FOR SUPPORT FOR AN  ADULT  CHILD  WITH  A  DEVELOPMENTAL
DISABILITY MAY INCLUDE RETROACTIVE SUPPORT FOR ALL ADULT DEPENDENT CHIL-
DREN  AGED TWENTY-SIX OR YOUNGER.  ANY RETROACTIVE AMOUNT OF SUPPORT DUE
SHALL BE SUPPORT ARREARS/PAST DUE SUPPORT AND SHALL BE PAID PURSUANT  TO
THE  PROVISIONS  OF  PARAGRAPH  (J)  OF  SUBDIVISION  ONE OF SECTION TWO
HUNDRED FORTY OF THIS ARTICLE.
  6. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  § 2. The family court act is amended by adding a new section 413-b  to
read as follows:
  §  413-B.  SUPPORT  ORDERS  FOR ADULT DEPENDENT CHILDREN. 1.  NOTWITH-
STANDING ANY OTHER LAW, PARENTS OF AN ADULT CHILD OF ANY AGE ARE CHARGE-
ABLE 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  OF  SECTION FOUR HUNDRED THIRTEEN OF THIS PART. 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
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
PARTY,  PROVIDED  THE  FUNDS  ARE  USED  TO PAY FOR QUALIFIED DISABILITY
EXPENSES.
  5. ALL ORDERS FOR SUPPORT FOR AN  ADULT  CHILD  WITH  A  DEVELOPMENTAL
DISABILITY  SHALL  INCLUDE  RETROACTIVE  SUPPORT FOR ALL ADULT DEPENDENT
CHILDREN AGED TWENTY-SIX OR YOUNGER.  ANY RETROACTIVE AMOUNT OF  SUPPORT
DUE SHALL BE SUPPORT ARREARS/PAST DUE SUPPORT AND SHALL BE PAID PURSUANT
TO  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY OF
THIS ARTICLE.
  6. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  § 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

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

A6658B - Summary

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.

                                                           LBD10716-04-9

A. 6658--B                          2

ER  THE  FINANCIAL  RESPONSIBILITY OF CARING FOR THE INDIVIDUAL HAS BEEN
UNREASONABLY PLACED ON ONE PARENT WHEN  DETERMINING  THE  CHILD  SUPPORT
OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSIDERING THIS
FACTOR  SHALL  BE  LIMITED TO THE TIME PERIOD FROM WHEN THE CHILD TURNED
TWENTY-ONE UNTIL THE CHILD TURNS TWENTY-SIX. IF A  CHILD  SUPPORT  ORDER
ENDED  AT  THE  AGE OF EIGHTEEN THEN SUCH TIME PERIOD SHALL BE FROM WHEN
THE CHILD TURNED TWENTY-ONE UNTIL THE CHILD TURNS TWENTY-SIX.
  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
PARTY,  PROVIDED  THE  FUNDS  ARE  USED  TO PAY FOR QUALIFIED DISABILITY
EXPENSES.
  5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  § 2. The family court act is amended by adding a new section 413-b  to
read as follows:
  §  413-B.  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 OF SECTION FOUR HUNDRED THIRTEEN
OF THIS PART.   IN ADDITION TO THE  PROVISIONS  OF  SUBDIVISION  ONE  OF
SECTION  FOUR  HUNDRED  THIRTEEN  OF  THIS  PART, THE COURT MAY CONSIDER
WHETHER THE FINANCIAL RESPONSIBILITY OF CARING FOR  THE  INDIVIDUAL  HAS
BEEN  UNREASONABLY  PLACED  ON  ONE  PARENT  WHEN  DETERMINING THE CHILD
SUPPORT OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN  CONSID-
ERING  THIS  FACTOR  SHALL  BE  LIMITED TO THE TIME PERIOD FROM WHEN THE
CHILD TURNED TWENTY-ONE UNTIL THE CHILD TURNS  TWENTY-SIX.  IF  A  CHILD
SUPPORT  ORDER  ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME PERIOD SHALL
BE FROM WHEN THE CHILD TURNED TWENTY-ONE UNTIL THE CHILD  TURNS  TWENTY-
SIX.
  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
PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
EXPENSES.
  5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  § 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

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

A6658C (ACTIVE) - Summary

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.

                                                           LBD10716-06-9

A. 6658--C                          2

THIS ARTICLE.  IN ADDITION TO THE PROVISIONS  OF  SUBDIVISION  ONE-B  OF
SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY CONSIDER WHETH-
ER  THE  FINANCIAL  RESPONSIBILITY OF CARING FOR THE INDIVIDUAL HAS BEEN
UNREASONABLY  PLACED  ON  ONE  PARENT WHEN DETERMINING THE CHILD SUPPORT
OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSIDERING THIS
FACTOR SHALL BE LIMITED TO THE TIME PERIOD FROM WHEN  THE  CHILD  TURNED
TWENTY-ONE  UNTIL  THE  CHILD TURNS TWENTY-SIX. IF A CHILD SUPPORT ORDER
ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME PERIOD SHALL  BE  FROM  WHEN
THE CHILD TURNED EIGHTEEN UNTIL THE CHILD TURNS TWENTY-SIX.
  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
PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
EXPENSES.
  5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  §  2. The family court act is amended by adding a new section 413-b to
read as follows:
  § 413-B. 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 OF SECTION FOUR HUNDRED  THIRTEEN
OF  THIS  PART.    IN  ADDITION  TO THE PROVISIONS OF SUBDIVISION ONE OF
SECTION FOUR HUNDRED THIRTEEN OF  THIS  PART,  THE  COURT  MAY  CONSIDER
WHETHER  THE  FINANCIAL  RESPONSIBILITY OF CARING FOR THE INDIVIDUAL HAS
BEEN UNREASONABLY PLACED  ON  ONE  PARENT  WHEN  DETERMINING  THE  CHILD
SUPPORT  OBLIGATION. THE DURATION OF TIME THE COURT MAY USE WHEN CONSID-
ERING THIS FACTOR SHALL BE LIMITED TO THE  TIME  PERIOD  FROM  WHEN  THE
CHILD  TURNED  TWENTY-ONE  UNTIL  THE CHILD TURNS TWENTY-SIX. IF A CHILD
SUPPORT ORDER ENDED AT THE AGE OF EIGHTEEN THEN SUCH TIME  PERIOD  SHALL
BE FROM WHEN THE CHILD TURNED EIGHTEEN UNTIL THE CHILD TURNS TWENTY-SIX.
  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
PARTY, PROVIDED THE FUNDS ARE  USED  TO  PAY  FOR  QUALIFIED  DISABILITY
EXPENSES.
  5. EXCEPT WHERE INCONSISTENT WITH THIS SECTION, ALL PROVISIONS OF THIS
ARTICLE RELATING TO ORDERS OF CHILD SUPPORT SHALL APPLY TO ALL ORDERS OF
SUPPORT FOR ADULT CHILDREN WITH DEVELOPMENTAL DISABILITIES.
  § 3. This act shall take effect immediately.

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The New York State Senate

assembly Bill A6658C

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assembly Bill A6658C

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Sponsored By

WOERNER

Archive: Last Bill Status - Passed Assembly

Your Voice

Actions

Bill Amendments

Co-Sponsors

Mary Beth Walsh

Patricia Fahy

Jaime R. Williams

Karines Reyes

Pamela J. Hunter

Aileen Gunther

Kimberly Jean-Pierre

Jo Anne Simon

Ellen C. Jaffee

Sandy Galef

Alicia Hyndman

Michaelle C. Solages

Maritza Davila

Marianne Buttenschon

Rebecca Seawright

Inez E. Dickens

Deborah Glick

Karen McMahon

Melissa Miller

Yuh-Line Niou

Michael Blake

Aravella Simotas

Dan Quart

Anthony D'Urso

Michael Cusick

A6658 - Details

A6658 - Summary

A6658 - Bill Text download pdf

Co-Sponsors

Mary Beth Walsh

Patricia Fahy

Jaime R. Williams

Karines Reyes

Pamela J. Hunter

Aileen Gunther

Kimberly Jean-Pierre

Jo Anne Simon

Ellen C. Jaffee

Sandy Galef

Alicia Hyndman

Michaelle C. Solages

Maritza Davila

Marianne Buttenschon

Rebecca Seawright

Inez E. Dickens

Deborah Glick

Karen McMahon

Melissa Miller

Yuh-Line Niou

Michael Blake

Aravella Simotas

Dan Quart

Anthony D'Urso

Michael Cusick

Jake Ashby

Karl Brabenec

Mark Walczyk

Marjorie Byrnes

Robert Smullen

Christopher Friend

Michael Montesano

Joseph Giglio

Clifford Crouch

Kenneth Blankenbush

Dan Stec

Peter Lawrence

Brian Manktelow

Stephen Hawley

Gary Finch

Andrew Goodell

Kevin M. Byrne