S T A T E O F N E W Y O R K
________________________________________________________________________
1522
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. WEPRIN -- 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 child support for children attending a college ROTC
program, a military college, a military preparatory school or one of
the United States military academies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph f of subdivision 1 of part B of section 236 of
the domestic relations law, as amended by chapter 281 of the laws of
1980, is amended to read as follows:
f. The term "child support" shall mean a sum paid pursuant to court
order or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years. FOR PURPOSES OF
THIS PARAGRAPH, A CHILD UNDER THE AGE OF TWENTY-ONE YEARS WHO ATTENDS A
COLLEGE RESERVE OFFICERS' TRAINING CORPS (ROTC) PROGRAM, A MILITARY
COLLEGE, A MILITARY PREPARATORY SCHOOL OR ONE OF THE UNITED STATES MILI-
TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
EDUCATIONAL INSTITUTION.
§ 2. Subparagraph 2 of paragraph (b) of subdivision 1-b of section 240
of the domestic relations law, as added by chapter 567 of the laws of
1989, is amended to read as follows:
(2) "Child support" shall mean a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years. FOR PURPOSES OF
THIS SUBPARAGRAPH, A CHILD UNDER THE AGE OF TWENTY-ONE YEARS WHO ATTENDS
A COLLEGE RESERVE OFFICERS' TRAINING CORPS (ROTC) PROGRAM, A MILITARY
COLLEGE, A MILITARY PREPARATORY SCHOOL OR ONE OF THE UNITED STATES MILI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01465-01-3
A. 1522 2
TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
EDUCATIONAL INSTITUTION.
§ 3. Subparagraph 2 of paragraph (b) of subdivision 1 of section 413
of the family court act, as amended by chapter 567 of the laws of 1989,
is amended to read as follows:
(2) "Child support" shall mean a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years. FOR PURPOSES OF
THIS SUBPARAGRAPH, A CHILD UNDER THE AGE OF TWENTY-ONE YEARS WHO ATTENDS
A COLLEGE RESERVE OFFICERS' TRAINING CORPS (ROTC) PROGRAM, A MILITARY
COLLEGE, A MILITARY PREPARATORY SCHOOL OR ONE OF THE UNITED STATES MILI-
TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
EDUCATIONAL INSTITUTION.
§ 4. This act shall take effect immediately.