On October 8, 2021, the governor signed into law Assembly Bill A898B, Senate Bill S4467B which expands a parents’ duty to support a disabled adult child until the age of 26. Specifically, the legislation amended the Domestic Relations Law (“DRL”) by adding a new section, § 240-d and modified the Family Court Act by adding a new section, 413-b.
According to the Senate Bill:
"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.
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 housing and caring for a disabled child, and will ensure that these children have access to the resources needed for their care."
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