S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5458
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 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:
 
   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  agree-
 ment  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 MILI-
 TARY 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 agree-
 ment 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.
                                                            LBD09702-01-7
              

 A. 5458                             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  agree-
 ment  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-
 TARY ACADEMIES SHALL NOT BE DEEMED EMANCIPATED SOLELY FOR ATTENDING SUCH
 EDUCATIONAL INSTITUTION.
   § 4. This act shall take effect immediately.