What's happening
The bill ensures that children under 21 attending military academies, ROTC, or similar institutions are not considered emancipated for child support purposes.
Why it matters
Ensures continued child support. for young adults under 21 who attend military academies, ROTC programs, or similar institutions, preventing their attendance from being used as grounds for ending parental support obligations.
Addresses fairness and consistency. by making clear that military-focused educational paths are treated the same as civilian colleges regarding child support, supporting children whose career goals include military service.
Protects families from unexpected financial gaps. , particularly important for custodial parents who might otherwise lose support when a child chooses a military educational institution.
Encourages pursuit of military education. without penalizing families financially, potentially supporting national service and broadening access to military career pathways for youth from diverse economic backgrounds.
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Who cares
Headline styles
Keep Child Support for Cadets
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5458
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
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 Assembly, 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 agreement 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 military 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 agreement 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.
LBD09702-01-7
A. 5458 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 agreement 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 military academies shall not be deemed emancipated solely for attending such educational institution.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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