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S4256Senate2019-2020 SessionSame asA3102

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 David CarlucciSD-38Affects Legal
Status
In Senate 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 petition for continued child support for disabled adult children over age 21 who cannot live independently.

Why it matters

  1. Addresses a gap in current child support law. by allowing financial support to continue for severely disabled adult children who cannot achieve independence, recognizing their ongoing needs beyond age 21.

  2. Requires an official determination of disability. by the Office for Persons with Developmental Disabilities, ensuring that only those with significant, permanent limitations are eligible.

  3. Limits eligibility to children living with the petitioning parent. , potentially supporting family caregivers who provide daily care and preventing undue financial burden when alternative care arrangements are not feasible.

  4. Could have financial and legal impacts on both parents. , requiring some non-custodial parents to continue support payments into the child's adulthood, which may affect family planning and financial responsibilities.

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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
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Returned to senate
  3. Died in assembly
  4. Referred to judiciary
  5. Delivered to assembly
  6. Passed senateVote 62–0
  7. Ordered to third reading cal.1309
  8. Committee discharged and committed to rules
  9. 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.

A3102Assembly

Extend Child Support for Disabled

In Assembly Committee · Judiciary · Sponsor Aileen Gunther

Impact 6 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

4256

2019-2020 Regular Sessions

IN SENATE

March 5, 2019

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed 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.

Sponsor's memo

Title of bill

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

Purpose

This bill would allow a custodial parent to petition the court for the continuation of child support for a child over the age of 21 if the child is severely and permanently mentally or physically disabled and unable to live on their own.

Summary of provisions

Section one adds a new paragraph (f-1) to subdivision 1 of section 413 of the Family Court Act which outlines the conditions under which a parent may petition the court for the continuation of child support for any child over 21 years old. These conditions are 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.

Section two is the effective date.

Justification

Currently, the legal obligation to pay child support in New York State ends when the child turns 21-years old: However, many individuals with lifelong disabilities may rely upon the care and support of their parents well past the age of 21.

This bill would allow single parents to petition the courts for the continuation of child support if their child is severely and permanently mentally or physically disabled, and unable to live independently. This legislation will provide an opportunity for single parents to seek support while housings and caring for a disabled child, and will ensure that these children have access to the resources needed for their care.

Legislative history

2017-18: A388 referred to Judiciary 2015-16: A8162 referred to Judiciary

Fiscal implications

None to state.

Effective date

This act shall take effect immediately.

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