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A388Assembly2017-2018 Session

Extend Child Support for Disabled

Official title

“Relates to child support for children over 21 years old who are severely and permanently mentally or physically disabled and unable to live independently”

Sponsor Aileen GuntherAD-100+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows parents to request continued child support for adult children over 21 who are severely and permanently disabled and unable to live independently.

Why it matters

  1. Extends financial responsibility for parents. This bill could require non-custodial parents to continue providing child support beyond the typical cutoff (age 21) when their adult child has a severe and permanent mental or physical disability, ensuring that support is available as long as the child remains dependent.

  2. Relies on objective disability determination. The continuation of support is not automatic; the bill specifies that the child’s disability must be confirmed by the Office for Persons with Developmental Disabilities, aiming to ensure that only those with verified, significant needs are covered.

  3. Targets children living with custodial parents. The requirement that the adult child must reside in the home of the parent seeking support helps focus the bill’s impact on families who are directly providing ongoing care, rather than those whose adult children are living independently or in care facilities.

  4. Addresses a financial gap in current law. By allowing support to continue for severely disabled adult children, the bill aims to fill a gap where public assistance or disability benefits may be insufficient, directly impacting families who might otherwise struggle to meet the needs of a dependent adult child.

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Who cares

Headline styles

Extend Child Support for Disabled

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aileen Gunther

Assembly Member · Assembly District 100

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

388

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. GUNTHER, TITONE -- read once and referred to the Committee on Judiciary

AN ACT to amend the family court act, in relation to child support for any child over 21 years of age who is severely and permanently mentally or physically disabled and unable to live on their own

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 413 of the family court act is amended by adding a new paragraph (f-1) to read as follows:

(f-1) A parent may petition the court to order the continuation of child support for a child over the age of twenty-one years, if such child (i) is severely and permanently mentally or physically disabled, as determined by the office for persons with developmental disabilities, (ii) is unable to live independently or support himself or herself, and (iii) resides in the home of the parent seeking or receiving child support.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03771-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.