N.Y. Domestic Relations Law § 240-d: Support orders for certain adult dependents

§ 240-d. Support orders for certain adult dependents. 1.

Notwithstanding any other law, a person who would otherwise be

chargeable under law with support of a minor child is also chargeable

with the support of any such individual until such individual reaches

the age of twenty-six, when it shall appear to the satisfaction of the

court that the person is developmentally disabled as defined in

subdivision twenty-two of section 1.03 of the mental hygiene law,

resides with the person seeking such support, and is principally

dependent on such person for maintenance. A finding of a developmental

disability shall be supported by a diagnosis and accompanying report of

a physician, licensed psychologist, registered professional nurse,

licensed clinical social worker or a licensed master social worker under

the supervision of a physician, psychologist or licensed clinical social

worker 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 its

award for support for such individual with a developmental disability in

accordance with the provisions of subdivision one-b of section two

hundred forty of this article. In addition to the provisions of

subdivision one-b of section two hundred forty of this article, the

court may consider whether the financial responsibility of caring for

the individual has been unreasonably placed on one parent when

determining the support obligation. The duration of time the court may

use when considering this factor shall be limited to the time period

from when the child turned twenty-one until the individual turns

twenty-six. If a child support order ended at the age of eighteen then

such time period shall be from when the child turned eighteen until the

individual turns twenty-six.

3. The court has jurisdiction to determine proceedings brought by

petition and order to show cause, for the determination of support of

such adult dependents, as well as to enforce or modify orders or

judgments.

4. The court shall have discretion to order the payor party to make

support 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 section

three hundred sixty-six of the social services law, and section 7-1.12

of the estates, powers and trusts law if such direction would assist in

maximizing assistance to the child.

5. Except where inconsistent with this section, all provisions of this

article relating to orders of child support shall apply to all orders of

support for adults with developmental disabilities; provided, however,

that such orders shall not be eligible for services pursuant to section

one hundred eleven-g of the social services law.

6. A determination made pursuant to this section that the person is or

is not developmentally disabled, as defined in subdivision twenty-two of

section 1.03 of the mental hygiene law, shall not be binding on the

state, a local government or the person for any other purpose, including

determinations of eligibility for services authorized by the office for

people with developmental disabilities.