assembly Bill A898B

Signed By Governor
2021-2022 Legislative Session

Relates to support orders for adult dependents

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 08, 2021 approval memo.23
signed chap.437
Sep 29, 2021 delivered to governor
Jun 09, 2021 returned to assembly
passed senate
3rd reading cal.1638
substituted for s4467b
Jun 08, 2021 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.524
rules report cal.524
reported
Jun 04, 2021 amend and recommit to rules 898b
Jun 02, 2021 reported referred to rules
May 26, 2021 reported referred to codes
May 21, 2021 print number 898a
May 21, 2021 amend and recommit to judiciary
Jan 06, 2021 referred to judiciary

Co-Sponsors

view additional co-sponsors

A898 - Details

See Senate Version of this Bill:
S4467
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
A6658, S4256

A898 - Summary

Relates to support orders for adult dependents; provides that a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of 26, when it appears to the satisfaction of the court that such person is developmentally disabled as defined in section 1.03 of the mental hygiene law.

A898 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    898
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
   GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
   CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
   CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
   J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
   TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
   WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A898A - Details

See Senate Version of this Bill:
S4467
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
A6658, S4256

A898A - Summary

Relates to support orders for adult dependents; provides that a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of 26, when it appears to the satisfaction of the court that such person is developmentally disabled as defined in section 1.03 of the mental hygiene law.

A898A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  898--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
   GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
   CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
   CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
   J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
   TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
   WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ -- 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 CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER  LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH  INDIVIDUAL  UNTIL  SUCH  INDIVIDUAL REACHES THE AGE OF TWENTY-SIX,
 PROVIDED SUCH INDIVIDUAL HAS A  DIAGNOSED  DEVELOPMENTAL  DISABILITY  AS
 DEFINED  IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
 LAW, RESIDES WITH THE PERSON SEEKING SUCH SUPPORT,  AND  IS  PRINCIPALLY
 DEPENDENT ON SUCH PERSON FOR MAINTENANCE.
   2.  UPON  PETITION  BROUGHT  BY  SUCH PERSON, THE COURT SHALL MAKE ITS
 AWARD FOR SUPPORT FOR SUCH INDIVIDUAL 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 SUBDI-
 VISION ONE-B OF SECTION TWO HUNDRED FORTY OF THIS ARTICLE, THE COURT MAY
 CONSIDER WHETHER THE FINANCIAL RESPONSIBILITY OF CARING FOR THE INDIVID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A898B (ACTIVE) - Details

See Senate Version of this Bill:
S4467
Law Section:
Domestic Relations Law
Laws Affected:
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
A6658, S4256

A898B (ACTIVE) - Summary

Relates to support orders for adult dependents; provides that a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of 26, when it appears to the satisfaction of the court that such person is developmentally disabled as defined in section 1.03 of the mental hygiene law.

A898B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  898--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER,
   GUNTHER, JEAN-PIERRE, SIMON, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENS-
   CHON, SEAWRIGHT, DICKENS,  GLICK,  McMAHON,  M. MILLER,  NIOU,  QUART,
   CUSICK,  ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO,
   J. M. GIGLIO, BLANKENBUSH, MANKTELOW, HAWLEY, GOODELL,  BYRNE,  DiPIE-
   TRO,   MORINELLO,  ROZIC,  LUPARDO,  DARLING,  WALKER,  HEVESI,  COOK,
   WALLACE, WEPRIN, L. ROSENTHAL, STIRPE, CRUZ, BRAUNSTEIN --  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 --
   reported and referred to the Committee on  Rules  --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 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 CERTAIN ADULT DEPENDENTS. 1. NOTWITHSTAND-
 ING  ANY OTHER LAW, A PERSON WHO WOULD OTHERWISE BE CHARGEABLE UNDER LAW
 WITH SUPPORT OF A MINOR CHILD IS ALSO CHARGEABLE WITH THE SUPPORT OF ANY
 SUCH INDIVIDUAL UNTIL SUCH INDIVIDUAL REACHES  THE  AGE  OF  TWENTY-SIX,
 WHEN IT SHALL APPEAR TO THE SATISFACTION OF THE COURT THAT THE PERSON IS
 DEVELOPMENTALLY DISABLED AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION
 1.03  OF  THE  MENTAL  HYGIENE LAW, RESIDES WITH THE PERSON SEEKING SUCH
 SUPPORT, AND IS PRINCIPALLY DEPENDENT ON SUCH PERSON FOR MAINTENANCE.  A
 FINDING OF A DEVELOPMENTAL DISABILITY SHALL BE SUPPORTED BY A  DIAGNOSIS
 AND  ACCOMPANYING  REPORT  OF A PHYSICIAN, LICENSED PSYCHOLOGIST, REGIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets