Relates 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1522
SPONSOR: Weprin TITLE OF BILL:
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
PURPOSE:
This bill would rectify a situation in which a child under the age of
twenty-one who enters a particular class of secondary school, such as
preparatory schools or military academies may be considered legally
emancipated and thus ineligible for child support from the non-custodial
parent, despite the custodial parent's continuing obligation to support
the child that continues, in fact, to be an unemancipated dependent.
This bill would provide for the continued payment of child support in
such situations.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (f) of subdivision 1 of part B of Section
236 of the domestic relations law by clarifying that a child under the
age of twenty-one who attends college, preparatory school or one of the
United States military academies shall not be deemed emancipated solely
for attending such educational institution.
Section 2 amends subparagraph 2 of paragraph (b)of subdivision 1-b of
section 240 of the domestic relations law by clarifying that a child
under the age of twenty-one who attends college, preparatory school or
one of the United States military academies shall not be deemed emanci-
pated solely for attending such educational institution.
Section 3 amends subparagraph 2 of paragraph (b)of subdivision 1 of
section 413 of the family court act by clarifying that a child under the
age of twenty-one who attends college, preparatory school or one of the
United States military academies shall not be deemed emancipated solely
for attending such educational institution.
Section four sets the effective date.
JUSTIFICATION:
Child Support is a pro-rata payment made by a non-custodial parent to a
custodial parent for the care, maintenance and education of a joint
child, who is under the age of twenty-one and unemancipated. The custo-
dial parent covers the whole of such costs directly, and the noncusto-
dial parent must contribute a proportional share to reimburse the other
for these expenses. Since a child is not considered unemancipated simply
for leaving the custodial parent's home to attend college, it is unrea-
sonable to penalize that same child for choosing to attend a different
type of secondary school, as the basis for the payments is unchanged and
the expenses remain.
Currently, ROTC students, and students of the United States military
academies are deemed "emancipated children" under existing case law from
the second judicial department, simply as a result of the decision to
attend such academy, or enlist in an ROTC program. As a result of this
designation, these children may be denied continued child support. This
bill would correct this inequity and ensure that all children under the
age of twenty-one seeking secondary education are treated equally,
regardless of the educational institution they decide to attend.
Specifically, this bill provides that a child who is under twenty-one
years of age who attends college, preparatory school or one of the
United States military academies, be treated similarly to unemancipated
children that choose to attend college or university. This choice
should have no impact on the applicability of child support.
LEGISLATIVE HISTORY:
02/09/17 referred to judiciary
01/03/18 referred to judiciary
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately after it becomes law
STATE OF NEW YORK
________________________________________________________________________
1522
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
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 Assem-bly, do enact as follows:
1 Section 1. Paragraph f of subdivision 1 of part B of section 236 of
2 the domestic relations law, as amended by chapter 281 of the laws of
3 1980, is amended to read as follows:
4 f. The term "child support" shall mean a sum paid pursuant to court
5 order or decree by either or both parents or pursuant to a valid agree-
6 ment between the parties for care, maintenance and education of any
7 unemancipated child under the age of twenty-one years. For purposes of
8 this paragraph, a child under the age of twenty-one years who attends a
9 college reserve officers' training corps (ROTC) program, a military
10 college, a military preparatory school or one of the United States mili-
11 tary academies shall not be deemed emancipated solely for attending such
12 educational institution.
13 § 2. Subparagraph 2 of paragraph (b) of subdivision 1-b of section 240
14 of the domestic relations law, as added by chapter 567 of the laws of
15 1989, is amended to read as follows:
16 (2) "Child support" shall mean a sum to be paid pursuant to court
17 order or decree by either or both parents or pursuant to a valid agree-
18 ment between the parties for care, maintenance and education of any
19 unemancipated child under the age of twenty-one years. For purposes of
20 this subparagraph, a child under the age of twenty-one years who attends
21 a college reserve officers' training corps (ROTC) program, a military
22 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.
LBD01465-01-3
A. 1522 2
1 tary academies shall not be deemed emancipated solely for attending such
2 educational institution.
3 § 3. Subparagraph 2 of paragraph (b) of subdivision 1 of section 413
4 of the family court act, as amended by chapter 567 of the laws of 1989,
5 is amended to read as follows:
6 (2) "Child support" shall mean a sum to be paid pursuant to court
7 order or decree by either or both parents or pursuant to a valid agree-
8 ment between the parties for care, maintenance and education of any
9 unemancipated child under the age of twenty-one years. For purposes of
10 this subparagraph, a child under the age of twenty-one years who attends
11 a college reserve officers' training corps (ROTC) program, a military
12 college, a military preparatory school or one of the United States mili-
13 tary academies shall not be deemed emancipated solely for attending such
14 educational institution.
15 § 4. This act shall take effect immediately.
