What's happening
This bill allows parents to petition for continued child support for adult children over 21 who are severely and permanently disabled and unable to live independently.
Why it matters
Addresses a gap in support for severely disabled adult children. The bill recognizes that some adults with permanent disabilities cannot achieve independence, and extends the possibility for parents to seek ongoing financial support after the standard legal cutoff.
Requires official determination of disability. To qualify, the adult child's severe and permanent mental or physical disability must be formally assessed and verified by the relevant state office, ensuring that continued support is only ordered in appropriate cases.
Limits eligibility to those living at home. Continued child support is only available if the adult child remains in the household of the parent seeking support, focusing on families who carry the primary caregiving responsibilities.
May impact family financial planning and court proceedings. The change could affect divorce settlements and support agreements, prompting families and courts to consider the long-term needs of disabled dependents beyond age 21.
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Who cares
Parents caring for adult children with disabilities
Parents could petition for continued child support after age 21 if their child meets the disability and independence requirements and lives in their home.
Adult children with severe, permanent disabilities
Those over 21 who cannot live independently or support themselves could qualify for continued parental support while residing with the parent seeking or receiving support.
Parents paying child support
They could face court orders continuing support beyond their child’s 21st birthday when the bill’s conditions are met.
Office for Persons With Developmental Disabilities
The agency would determine whether a child’s mental or physical disability is severe and permanent for purposes of continued support.
Headline styles
Extend Child Support for Disabled
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Child Support for Disabled
In Senate Committee · Judiciary · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3102
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. GUNTHER -- 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.
LBD00386-01-9
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.