- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
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- Chamber Video/Transcript
A06658 Summary:
BILL NO | A06658C |
  | |
SAME AS | SAME AS S05276-B |
  | |
SPONSOR | Woerner |
  | |
COSPNSR | Walsh, Fahy, Williams, Reyes, Hunter, Gunther, Jean-Pierre, Simon, Jaffee, Galef, Hyndman, Solages, Davila, Buttenschon, Seawright, Dickens, Glick, McMahon, Miller ML, Niou, Blake, Simotas, Quart, D'Urso, Cusick, Ashby, Brabenec, Walczyk, Byrnes, Smullen, Friend, Montesano, Giglio, Crouch, Blankenbush, Stec, Lawrence, Manktelow, Hawley, Finch, Goodell, Byrne, DiPietro, Morinello, Rozic, Arroyo, Lupardo, Romeo, Darling, Wright, Walker, Hevesi, Cook, Wallace, Weprin, Rosenthal L, McDonald, Stirpe, Cruz |
  | |
MLTSPNSR | |
  | |
Add §240-d, Dom Rel L; add §413-b, Fam Ct Act | |
  | |
Relates to support orders for adult dependent children; provides that parents or kinship caregivers of an adult child under the age of 26 are chargeable with support of such individual provided such individual is diagnosed with a developmental disability as defined in section 1.03 of the mental hygiene law. |
A06658 Committee Votes:
Dinowitz | Aye | Palumbo | Aye | ||||||
Titus | Aye | Montesano | Aye | ||||||
Lavine | Aye | Goodell | Aye | ||||||
Zebrowski | Aye | Norris | Aye | ||||||
Weprin | Aye | Walsh | Aye | ||||||
Braunstein | Aye | Byrnes | Aye | ||||||
Simotas | Aye | ||||||||
Quart | Aye | ||||||||
Buchwald | Aye | ||||||||
Steck | Aye | ||||||||
Seawright | Aye | ||||||||
Joyner | Aye | ||||||||
Abinanti | Aye | ||||||||
Wright | Aye | ||||||||
Wallace | Aye | ||||||||
Lentol | Aye | Ra | Aye | ||||||
Schimminger | Absent | Giglio | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Morinello | Aye | ||||||
Cymbrowitz | Aye | Palumbo | Aye | ||||||
O'Donnell | Aye | Garbarino | Aye | ||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Absent | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Rosenthal | Aye | ||||||||
Heastie | Excused | Kolb | Aye | ||||||
Gottfried | Aye | Crouch | Aye | ||||||
Lentol | Aye | Finch | Aye | ||||||
Gantt | Excused | Barclay | Aye | ||||||
Nolan | Excused | Raia | Aye | ||||||
Weinstein | Aye | Hawley | Aye | ||||||
Ortiz | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Malliotakis | Aye | ||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Excused | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Go to top
A06658 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
ER
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
ER
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Crespo
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Gantt
Yes
LiPetri
Yes
Perry
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
Darling
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barnwell
Yes
Raynor
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Steck
Yes
Barrett
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stern
Yes
Barron
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Ramos
Yes
Stirpe
Yes
Benedetto
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
ER
Vanel
Yes
Brabenec
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Rodriguez
Yes
Walczyk
Yes
Braunstein
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
ER
Romeo
Yes
Walker
Yes
Bronson
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal D
Yes
Wallace
Yes
Buchwald
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal L
Yes
Walsh
Yes
Burke
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weinstein
Yes
Buttenschon
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Ryan
Yes
Weprin
Yes
Byrne
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Salka
Yes
Williams
Yes
Byrnes
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Sayegh
Yes
Wright
Yes
Carroll
Yes
Finch
Yes
Lalor
Yes
Otis
ER
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Fitzpatrick
ER
Lavine
Yes
Palmesano
Yes
Schmitt
Yes
Mr. Speaker
Yes
Cook
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Seawright
‡ Indicates voting via videoconference
A06658 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A6658C SPONSOR: Woerner
  TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to establishing a living allowance for adults with developmental disabilities   PURPOSE: To aid families and dependent adult children who have surpassed the age of majority for child support, but have developmental disabilities that necessitate a living allowance.   SUMMARY OF PROVISIONS: Section 1 amends the Domestic Relations Law by adding a new section 240-d, to provide a living allowance, structured similarly to current child support provisions, for adult children with developmental disabil- ities. This award would be at the discretion of the Court, so long as such individual is diagnosed with a developmental disability, including but not limited to a disability that is attributable to: intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, prader-willi syndrome, or autism; or is attributable to any other condition of a person found to be closely related to intellec- tual disability because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of intel- lectually disabled persons or requires treatment and services similar to those required for such person; or is attributable to dyslexia resulting from a disability described in subparagraph one or two of this para- graph; has continued or can be expected to continue indefinitely; and constitutes a substantial handicap to a person's ability to function normally in society. Section 2 amends the family court act by adding a new section 413-b, to provide a living allowance, structured similarly to current child support provisions, for adult children with developmental disabilities. This award would be at the discretion of the Court, so long as such individual is diagnosed with a developmental disability, including but not limited to a disability that is attributable to: intellectual disa- bility, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, prader-willi syndrome, or autism; or is attributable to any other condition of a person found to be closely related to intellec- tual disability because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of intel- lectually disabled persons or requires treatment and services similar to those required for such person; or is attributable to dyslexia resulting from a disability described in subparagraph one or two of this para- graph; has continued or can be expected to continue indefinitely; and constitutes a substantial handicap to a person's ability to function normally in society. Section 3 establishes the Effective Date   JUSTIFICATION: The "age of majority" is the legal age established by state law which defines that an individual is no longer a minor, and as a young adult, is granted the right and responsibility to make certain legal choices that adults make. In some states, you are considered an adult at the age of 18 or upon high school graduation, in others it is extended until the age of 21. According to the National Conference of State Legislatures, an exception to the rule that parents' duty to support their children ends at the children's majority occurs when the child has mental or physical disa- bilities and cannot support his/herself. Oftentimes courts define "disa- bility" in economic terms, meaning the inability of the adult disabled child to adequately care for themselves through their own means. Currently 40 states have provisions allowing custodial parents to pursue child support after age 21 for adult children with disabilities. Our neighboring states New Jersey, Massachusetts and Rhode Island all passed such legislation. States, differ as to whether support for an adult disabled child is determined by the state's child support guidelines or by the needs of the child as balanced by the parents ability to provide support. Families with dependent, adult-children with developmental disabilities, face numerous challenges in providing necessary support for their loved ones. These challenges can at times become overwhelming, especially when they are being faced by a single parent trying to provide the best life they can for their child. It is the responsibility of both parents to assist in the expenses that occur while assisting an adult-child with developmental disabilities, and we must help ensure these families achieve the lives they have always wanted for themselves and their child. This legislation aims to provide families with the assistance they need in order to offer the life their loved ones deserve.   LEGISLATIVE HISTORY: This is a new bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
A06658 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6658--C 2019-2020 Regular Sessions IN ASSEMBLY March 14, 2019 ___________ Introduced by M. of A. WOERNER, WALSH, FAHY, WILLIAMS, REYES, HUNTER, GUNTHER, JEAN-PIERRE, SIMON, JAFFEE, GALEF, HYNDMAN, SOLAGES, DAVILA, BUTTENSCHON, SEAWRIGHT, DICKENS, GLICK, McMAHON, M. L. MILLER, NIOU, BLAKE, SIMOTAS, QUART, D'URSO, CUSICK, ASHBY, BRABENEC, WALCZYK, BYRNES, SMULLEN, FRIEND, MONTESANO, GIGLIO, CROUCH, BLANKENBUSH, STEC, LAWRENCE, MANKTELOW, HAWLEY, FINCH, GOODELL, BYRNE, DiPIETRO, MORINEL- LO, ROZIC, ARROYO, LUPARDO, ROMEO, RAYNOR, WRIGHT, WALKER, HEVESI, COOK, WALLACE, WEPRIN -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law and the family court act, in relation to establishing a living allowance for adults with develop- mental disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The domestic relations law is amended by adding a new 2 section 240-d to read as follows: 3 § 240-d. Support orders for adult dependent children. 1. Notwith- 4 standing any other law, parents or kinship caregivers of an adult child 5 under the age of twenty-six are chargeable with support of such individ- 6 ual provided such individual is diagnosed with a developmental disabili- 7 ty as defined under subdivision twenty-two of section 1.03 of the mental 8 hygiene law. 9 2. Upon petition brought by the parent or kinship caregiver of an 10 adult child with a disability, the court shall make its award for 11 support for an adult child with a developmental disability in accordance 12 with the provisions of subdivision one-b of section two hundred forty of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10716-06-9A. 6658--C 2 1 this article. In addition to the provisions of subdivision one-b of 2 section two hundred forty of this article, the court may consider wheth- 3 er the financial responsibility of caring for the individual has been 4 unreasonably placed on one parent when determining the child support 5 obligation. The duration of time the court may use when considering this 6 factor shall be limited to the time period from when the child turned 7 twenty-one until the child turns twenty-six. If a child support order 8 ended at the age of eighteen then such time period shall be from when 9 the child turned eighteen until the child turns twenty-six. 10 3. The court has jurisdiction to determine proceedings brought by 11 petition and order to show cause, for the determination of support of 12 adult dependent children, as well as to enforce or modify orders or 13 judgments. 14 4. The court shall have discretion to order the payor party to make 15 support payments either directly to the New York achieving a better life 16 experience (NY ABLE) savings program trust fund or directly to a third 17 party, provided the funds are used to pay for qualified disability 18 expenses. 19 5. Except where inconsistent with this section, all provisions of this 20 article relating to orders of child support shall apply to all orders of 21 support for adult children with developmental disabilities. 22 § 2. The family court act is amended by adding a new section 413-b to 23 read as follows: 24 § 413-b. Support orders for adult dependent children. 1. Notwith- 25 standing any other law, parents or kinship caregivers of an adult child 26 under the age of twenty-six are chargeable with support of such individ- 27 ual provided such individual is diagnosed with a developmental disabili- 28 ty as defined under subdivision twenty-two of section 1.03 of the mental 29 hygiene law. 30 2. Upon petition brought by the parent or kinship caregiver of an 31 adult child with a disability, the court shall make its award for 32 support for an adult child with a developmental disability in accordance 33 with the provisions of subdivision one of section four hundred thirteen 34 of this part. In addition to the provisions of subdivision one of 35 section four hundred thirteen of this part, the court may consider 36 whether the financial responsibility of caring for the individual has 37 been unreasonably placed on one parent when determining the child 38 support obligation. The duration of time the court may use when consid- 39 ering this factor shall be limited to the time period from when the 40 child turned twenty-one until the child turns twenty-six. If a child 41 support order ended at the age of eighteen then such time period shall 42 be from when the child turned eighteen until the child turns twenty-six. 43 3. The court has jurisdiction to determine proceedings brought by 44 petition and order to show cause, for the determination of support of 45 adult dependent children, as well as to enforce or modify orders or 46 judgments. 47 4. The court shall have discretion to order the payor party to make 48 support payments either directly to the New York achieving a better life 49 experience (NY ABLE) savings program trust fund or directly to a third 50 party, provided the funds are used to pay for qualified disability 51 expenses. 52 5. Except where inconsistent with this section, all provisions of this 53 article relating to orders of child support shall apply to all orders of 54 support for adult children with developmental disabilities. 55 § 3. This act shall take effect immediately.