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.
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.
