Relates 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

BILL NUMBER:S2392A

Title of bill

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

Purpose

This bill would rectify a situation in which a child under the age of twenty-one who enters a particular class of secondary school, such as preparatory schools or military academies may be considered legally emancipated and thus ineligible for child support from the non-custodial parent, despite the custodial parent's continuing obligation to support the child that continues, in fact, to be an unemancipated dependent. This bill would provide for the continued payment of child support in such situations.

Summary of provisions

Section 1 amends paragraph (f) of subdivision 1 of part B of Section 236 of the domestic relations law by clarifying that a child under the age of twenty-one who attends college, preparatory school or one of the United States military academies shall not be deemed emancipated solely for attending such educational institution.

Section 2 amends subparagraph 2 of paragraph (b)of subdivision 1-b of section 240 of the domestic relations law by clarifying that a child under the age of twenty-one who attends college, preparatory school or one of the United States military academies shall not be deemed emanci- pated solely for attending such educational institution.

Section 3 amends subparagraph 2 of paragraph (b)of subdivision 1 of section 413 of the family court act by clarifying that a child under the age of twenty-one who attends college, preparatory school or one of the United States military academies shall not be deemed emancipated solely for attending such educational institution.

Section four sets the effective date.

Justification

Child Support is a pro-rata payment made by a non-custodial parent to a custodial parent for the care, maintenance and education of a joint child, who is under the age of twenty-one and unemancipated. The custo- dial parent covers the whole of such costs directly, and the noncusto- dial parent must contribute a proportional share to reimburse the other for these expenses. Since a child is not considered unemancipated simply for leaving the custodial parent's home to attend college, it is unrea- sonable to penalize that same child for choosing to attend a different

type of secondary school, as the basis for the payments is unchanged and the expenses remain.

Currently, ROTC students, and students of the United States military academies are deemed "emancipated children" under existing case law from the second judicial department, simply as a result of the decision to attend such academy, or enlist in an ROTC program. As a result of this designation, these children may be denied continued child support.

This bill would correct this inequity and ensure that all children under the age of twenty-one seeking secondary education are treated equally, regardless of the educational institution they decide to attend.

Specifically, this bill provides that a child who is under twenty-one years of age who attends college, preparatory school or one of the United States military academies, be treated similarly to unemancipated children that choose to attend college or university. This choice should have no impact on the applicability of child support.

Legislative history

This is a new bill.

Fiscal implications

None to the State

Effective date

This act shall take effect immediately after it becomes law