NY State Senate Bill 2019-S5276B

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
Jun 18, 2019	print number 5276b
Jun 18, 2019	amend and recommit to children and families
May 14, 2019	print number 5276a
May 14, 2019	amend and recommit to children and families
Apr 23, 2019	referred to children and families

Bill Amendments

Original

B (Active)

2019-S5276 - Details

See Assembly Version of this Bill:: A6658
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-S5276 - 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-S5276 - Sponsor Memo

                                
 
BILL NUMBER: S5276

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the domestic relations law and the
family court act, in relation to establishing a living allowance for
adults with developmental disabilities

 
PURPOSE:

To aid families and dependent adult children who have surpassed the age
of majority for child support, but have developmental disabilities that
necessitate a living allowance.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Domestic Relations Law by adding a new section
240-d, to provide a living allowance, structured similarly to current
child support provisions, for adult children with developmental disabil-
ities. This award would be at the discretion of the Court, so long as
such individual is diagnosed with a developmental disability, including
but not limited to a disability that is attributable to:  intellectual

disability, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; or the disability originates before the person is twenty-two
years old; has continued or can be expected to continue indefinitely;
and constitutes a substantial handicap to a person's ability to function
normally in society.

Section 2 amends the family court act by adding a new section 413-b, to
provide a living allowance, structured similarly to current child
support provisions, for adult children with developmental disabilities.
This award would be at the discretion of the Court, so long as such
individual is diagnosed with a developmental disability, including but
not limited to a disability that is attributable to:  intellectual disa-
bility, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; or the disability originates before the person is twenty-two
years old; has continued or can be expected to continue indefinitely;
and constitutes a substantial handicap to a person's ability to function
normally in society.

Section 3 establishes the Effective Date

 
JUSTIFICATION:

The "age of majority" is the legal age established by state law which
defines that an individual is no longer a minor, and as a young adult,
is granted the right and responsibility to make certain legal choices
that adults make. In some states, you are considered an adult at the age
of 18 or upon high school graduation, in others it is extended until the
age of 21.

According to the National Conference of State Legislatures, an exception
to the rule that parents' duty to support their children ends at the
children's majority occurs when the child has mental or physical disa-
bilities and cannot support his/herself. Oftentimes courts define "disa-
bility" in economic terms, meaning the inability of the adult disabled
child to adequately care for themselves through their own means.

Currently 40 states have provisions allowing custodial parents to pursue
child support after age 21 for adult children with disabilities. Our
neighboring states New Jersey, Massachusetts and Rhode Island all passed
such legislation. States differ as to whether support for an adult disa-
bled child is determined by the state's child support guidelines or by
the needs of the child as balanced by the parents ability to provide
support.

Families with dependent, adult-children with developmental disabilities,
face numerous challenges in providing necessary support for their loved
ones. These challenges can at times become overwhelming, especially when
they are being faced by a single parent trying to provide the best life
they can for their child. It is the responsibility of both parents to
assist in the expenses that occur while assisting an adult-child with
developmental disabilities, and we must help ensure these families
achieve the lives they have always wanted for themselves and their
child. This legislation aims to provide families with the assistance
they need in order to offer the life their loved ones deserve.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5276 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5276
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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

 S. 5276                             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

2019-S5276A - Details

See Assembly Version of this Bill:: A6658
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-S5276A - Summary

2019-S5276A - Sponsor Memo

                                
 
BILL NUMBER: S5276A

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the domestic relations law and the
family court act, in relation to establishing a living allowance for
adults with developmental disabilities

 
PURPOSE:

To aid families and dependent adult children who have surpassed the age
of majority for child support, but have developmental disabilities that
necessitate a living allowance.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Domestic Relations Law by adding a new section
240-d, to provide a living allowance, structured similarly to current
child support provisions, for adult children with developmental disabil-
ities. This award would be at the discretion of the Court, so long as
such individual is diagnosed with a developmental disability, including
but not limited to a disability that is attributable to:  intellectual

disability, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; or the disability originates before the person is twenty-two
years old; has continued or can be expected to continue indefinitely;
and constitutes a substantial handicap to a person's ability to function
normally in society.

Section 2 amends the family court act by adding a new section 413-b, to
provide a living allowance, structured similarly to current child
support provisions, for adult children with developmental disabilities.
This award would be at the discretion of the Court, so long as such
individual is diagnosed with a developmental disability, including but
not limited to a disability that is attributable to:  intellectual disa-
bility, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; or the disability originates before the person is twenty-two
years old; has continued or can be expected to continue indefinitely;
and constitutes a substantial handicap to a person's ability to function
normally in society.

Section 3 establishes the Effective Date

 
JUSTIFICATION:

The "age of majority" is the legal age established by state law which
defines that an individual is no longer a minor, and as a young adult,
is granted the right and responsibility to make certain legal choices
that adults make. In some states, you are considered an adult at the age
of 18 or upon high school graduation, in others it is extended until the
age of 21.

According to the National Conference of State Legislatures, an exception
to the rule that parents' duty to support their children ends at the
children's majority occurs when the child has mental or physical disa-
bilities and cannot support his/herself. Oftentimes courts define "disa-
bility" in economic terms, meaning the inability of the adult disabled
child to adequately care for themselves through their own means.

Currently 40 states have provisions allowing custodial parents to pursue
child support after age 21 for adult children with disabilities.  Our
neighboring states New Jersey, Massachusetts and Rhode Island all passed
such legislation. States differ as to whether support for an adult disa-
bled child is determined by the state's child support guidelines or by
the needs of the child as balanced by the parents ability to provide
support.

Families with dependent, adult-children with developmental disabilities,
face numerous challenges in providing necessary support for their loved
ones. These challenges can at times become overwhelming, especially when
they are being faced by a single parent trying to provide the best life
they can for their child. It is the responsibility of both parents to
assist in the expenses that occur while assisting an adult-child with
developmental disabilities, and we must help ensure these families
achieve the lives they have always wanted for themselves and their
child. This legislation aims to provide families with the assistance
they need in order to offer the life their loved ones deserve.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5276A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5276--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   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
 ADULT  DEPENDENT  CHILDREN,  AS  WELL  AS TO ENFORCE OR MODIFY ORDERS OR
 JUDGMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10716-03-9

 S. 5276--A                          2
 
   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

2019-S5276B (ACTIVE) - Details

See Assembly Version of this Bill:: A6658
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-S5276B (ACTIVE) - Summary

2019-S5276B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5276B

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the domestic relations law and the
family court act, in relation to establishing a living allowance for
adults with developmental disabilities

 
PURPOSE:

To aid families and dependent adult children who have surpassed the age
of majority for child support, but have developmental disabilities that
necessitate a living allowance.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Domestic Relations Law by adding a new section
240-d, to provide a living allowance, structured similarly to current
child support provisions, for adult children with developmental disabil-
ities. This award would be at the discretion of the Court, so long as
such individual is diagnosed with a developmental disability, including
but not limited to a disability that is attributable to:  intellectual

disability, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; or the disability originates before the person is twenty-two
years old; has continued or can be expected to continue indefinitely;
and constitutes a substantial handicap to a person's ability to function
normally in society.

Section 2 amends the family court act by adding a new section 413-b, to
provide a living allowance, structured similarly to current child
support provisions, for adult children with developmental disabilities.
This award would be at the discretion of the Court, so long as such
individual is diagnosed with a developmental disability, including but
not limited to a disability that is attributable to: intellectual disa-
bility, cerebral palsy, epilepsy, neurological impairment, familial
dysautonomia, prader-willi syndrome, or autism; or is attributable to
any other condition of a person found to be closely related to intellec-
tual disability because such condition results in similar impairment of
general intellectual functioning or adaptive behavior to that of intel-
lectually disabled persons or requires treatment and services similar to
those required for such person; or is attributable to dyslexia resulting
from a disability described in subparagraph one or two of this para-
graph; or the disability originates before the person is twenty-two
years old; has continued or can be expected to continue indefinitely;
and constitutes a substantial handicap to a person's ability to function
normally in society.

Section 3 establishes the effective Date

 
JUSTIFICATION:

The "age of majority" is the legal age established by state law which
defines that an individual is no longer a minor, and as a young adult,
is granted the right and responsibility to make certain legal choices
that adults make. In some states, one is considered an adult at the age
of 18 or upon high school graduation, in others it is extended until the
age of 21.

According to the National Conference of State Legislatures, an exception
to the rule that parents' duty to support their children ends at the
children's majority occurs when the child has mental or physical disa-
bilities and cannot support his/herself. Oftentimes courts define "disa-
bility" in economic terms, meaning the inability of the adult disabled
child to adequately care for themselves through their own means.

Currently 40 states have provisions allowing custodial parents to pursue
child support after age 21 for adult children with disabilities.  Our
neighboring states New Jersey, Massachusetts and Rhode Island all passed
such legislation. States differ as to whether support for an adult disa-
bled child is determined by the state's child support guidelines or by
the needs of the child as balanced by the parents ability to provide
support.

Families with dependent, adult-children with developmental disabilities,
face numerous challenges in providing necessary support for their loved
ones. These challenges can at times become overwhelming, especially when
they are being faced by a single parent or kinship caregiver trying to
provide  the best life they can for their child. It is the responsibil-
ity of both parents to assist in the expenses that occur while assisting
an adult-child with developmental disabilities, and we must help ensure
these families achieve the lives they have always wanted for themselves
and their child. This legislation aims to provide families with the
assistance they need in order to offer the life their loved ones
deserve.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5276B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5276--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced  by  Sens.  PERSAUD, CARLUCCI, SALAZAR, TEDISCO -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Children  and  Families  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10716-07-9

 S. 5276--B                          2
 
 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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Senate Bill S5276B

Sponsored By

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

Bill Amendments

2019-S5276 - Details

2019-S5276 - Summary

2019-S5276 - Sponsor Memo

2019-S5276 - Bill Text download pdf

co-Sponsors

2019-S5276A - Details

2019-S5276A - Summary

2019-S5276A - Sponsor Memo

2019-S5276A - Bill Text download pdf

co-Sponsors

2019-S5276B (ACTIVE) - Details

2019-S5276B (ACTIVE) - Summary

2019-S5276B (ACTIVE) - Sponsor Memo

2019-S5276B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5276B

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Sponsored By

Roxanne J. Persaud

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

Bill Amendments

2019-S5276 - Details

2019-S5276 - Summary

2019-S5276 - Sponsor Memo

2019-S5276 - Bill Text download pdf

co-Sponsors

David Carlucci

Julia Salazar

James Tedisco

2019-S5276A - Details

2019-S5276A - Summary

2019-S5276A - Sponsor Memo

2019-S5276A - Bill Text download pdf

co-Sponsors

David Carlucci

Julia Salazar

James Tedisco

2019-S5276B (ACTIVE) - Details

2019-S5276B (ACTIVE) - Summary

2019-S5276B (ACTIVE) - Sponsor Memo

2019-S5276B (ACTIVE) - Bill Text download pdf

Comments