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This entry was published on 2022-03-04
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Support orders for certain adult dependents
Family Court Act (FCT) CHAPTER 686, ARTICLE 4, PART 1
§ 413-b. Support orders for certain adult dependents. 1.
Notwithstanding 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 under
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, registered professional nurse,
licensed clinical social worker or a licensed master social worker under
the supervision of a physician, psychologist or licensed clinical social
worker authorized to practice under title eight of the education law,
and acting within their lawful scope of practice.

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 such individual 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 considering this factor shall be limited to the time period from
when the child turned twenty-one until the individual 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 individual
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
such dependents, 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 to the petitioner or to the trustee of an
"exception trust" as defined in 42 U.S.C. 1396p(d)(4)(A) and (C), clause
(iii) of subparagraph two of paragraph (b) of subdivision two of section
three hundred sixty-six of the social services law, and section 7-1.12
of the estates, powers and trusts law if such direction would assist in
maximizing assistance to the child.

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 adults with developmental disabilities; provided, however,
that such orders shall not be eligible for services pursuant to section
one hundred eleven-g of the social services law.

6. A determination made pursuant to this section that the person is or
is not developmentally disabled, as defined in subdivision twenty-two of
section 1.03 of the mental hygiene law, shall not be binding on the
state, a local government or the person for any other purpose, including
determinations of eligibility for services authorized by the office for
people with developmental disabilities.