N.Y. Domestic Relations Law § 240-D

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 240-D — Support orders for certain adult dependents. 1.Not DRL § 240-D Support orders for certain adult dependents. 1.Notwithstanding any other law, a person who would otherwise bechargeable ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 240-d. Support orders for certain adult dependents. 1.Notwithstanding any other law, a person who would otherwise bechargeable under law with support of a minor child is also chargeablewith the support of any such individual until such individual reachesthe age of twenty-six, when it shall appear to the satisfaction of thecourt that the person is developmentally disabled as defined insubdivision twenty-two of section 1.03 of the mental hygiene law,resides with the person seeking such support, and is principallydependent on such person for maintenance. A finding of a developmentaldisability shall be supported by a diagnosis and accompanying report ofa physician, licensed psychologist, registered professional nurse,licensed clinical social worker or a licensed master social worker underthe supervision of a physician, psychologist or licensed clinical socialworker authorized to practice under title eight of the education law,and acting within their lawful scope of practice.2. Upon petition brought by such person, the court shall make itsaward for support for such individual with a developmental disability inaccordance with the provisions of subdivision one-b of section twohundred forty of this article. In addition to the provisions ofsubdivision one-b of section two hundred forty of this article, thecourt may consider whether the financial responsibility of caring forthe individual has been unreasonably placed on one parent whendetermining the support obligation. The duration of time the court mayuse when considering this factor shall be limited to the time periodfrom when the child turned twenty-one until the individual t determining the support obligation. The duration of time the court mayuse when considering this factor shall be limited to the time periodfrom when the child turned twenty-one until the individual turnstwenty-six. If a child support order ended at the age of eighteen thensuch time period shall be from when the child turned eighteen until theindividual turns twenty-six.3. The court has jurisdiction to determine proceedings brought bypetition and order to show cause, for the determination of support ofsuch adult dependents, as well as to enforce or modify orders orjudgments.4. The court shall have discretion to order the payor party to makesupport payments either to the petitioner or to the trustee of an"exception trust" as defined in 42 U.S.C. 1396p(d)(4)(A) and (C), clause(iii) of subparagraph two of paragraph (b) of subdivision two of sectionthree hundred sixty-six of the social services law, and section 7-1.12of the estates, powers and trusts law if such direction would assist inmaximizing assistance to the child.5. Except where inconsistent with this section, all provisions of thisarticle relating to orders of child support shall apply to all orders ofsupport for adults with developmental disabilities; provided, however,that such orders shall not be eligible for services pursuant to sectionone hundred eleven-g of the social services law.6. A determination made pursuant to this section that the person is oris not developmentally disabled, as defined in subdivision twenty-two ofsection 1.03 of the mental hygiene law, shall not be binding on thestate, a local government or the person for any other purpose, includingdeterminations of eligibility for services authorized by the office forpeople with developmental disabilities. Source: NYSenate.gov Open Legislation | Laws of New York Page 1