BILL NUMBER: S4256

SPONSOR: CARLUCCI
 
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.