What's happening
This bill ensures that children under 21 attending ROTC programs, military colleges, preparatory schools, or U.S. military academies are not considered emancipated for child support purposes.
Why it matters
Protects continued child support for military-bound youth. By clarifying that participation in ROTC, military colleges, preparatory schools, or U.S. military academies does not count as "emancipation," the bill ensures parents remain financially responsible for children in these programs until age 21.
Prevents financial hardship for students. Without this change, families might lose child support payments when a child joins these institutions, potentially making it harder for young adults to pursue military education or training.
Aligns military pathways with other educational tracks. The bill treats attendance at military academies and programs the same as civilian colleges for child support purposes, closing a gap that could disadvantage families supporting children on a military career path.
Reflects changing realities of military education. As more young adults consider military service as part of their education, this measure updates the law to recognize that such choices should not prematurely end their eligibility for parental support.
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Who cares
Students under 21 in ROTC or military schools
The bill would prevent attendance in a college ROTC program, military college, military preparatory school or U.S. military academy from being the sole basis for treating them as emancipated for child support purposes.
Parents paying child support
They could not rely solely on a child's attendance in one of the listed programs or institutions to establish emancipation and end support obligations.
Parents receiving child support
The bill would protect continued support eligibility against emancipation claims based solely on the child's attendance in one of the listed programs or institutions.
Judges handling child support cases
They would apply the express restriction on attendance-based emancipation under both the Domestic Relations Law and the Family Court Act.
Headline styles
Support for Military Student Children
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3964
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD08423-01-9
A. 3964 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.