Today the Senate passed legislation that enables families with adult dependent children under the age of 26 to seek child support when the adult child’s developmental disabilities necessitate a living allowance. The bill passed unanimously in the Assembly earlier this week for the third consecutive year. The bill is carried by Assemblymembers Carrie Woerner (D-Round Lake) and Mary Beth Walsh (R,C,I-Ballston) in the Assembly and Senator John W. Mannion (D-Geddes) in the Senate.

Currently, 40 states have provisions allowing custodial parents to pursue child support after age 21 for adult children with disabilities, including neighboring states of New Jersey, Massachusetts and Rhode Island which have all passed similar legislation. States differ as to whether support for an adult disabled child is determined by the state's child support guidelines or by the needs of the child as balanced by the parent’s ability to provide support.

“It is incredibly challenging for families to provide the best possible support and services for their children and adult-children with developmental disabilities, even more so in a single-parent living situation,” said Assemblymember Walsh. “Unfortunately, it is not uncommon for divorce to occur in a household with a child who is differently abled. However, just because an age of majority has been reached does not mean that the child no longer needs support. This legislation aims to extend the responsibility for both parents in order to ensure that the day-to-day needs of their dependent child continue to be met.”

“I am grateful to Assemblymember Woerner for working with me to get it to the Assembly floor for a vote since 2019. Additionally, I appreciate Senator Mannion for helping us to finally get this common-sense legislation across the finish line in the Senate so it can reach the governor’s desk and finally become law.”

This bill would provide continued support, similar to current child support provisions, for certain individuals with developmental disabilities. The allowance would be determined at the discretion of the Court, where such individual has a diagnosis of a developmental disability as defined in the Mental Hygiene Law, and would continue for adult dependents who cannot support him/herself at the state’s “age of majority” to the age of 26.

Jill Murphy Calderon, a single mother, advocate and legal guardian of her 21-year-old autistic son, Joseph, said, “I celebrate this legislation to amend the Domestic Relations Law and the Family Court Act, to benefit disabled children of divorce who often fall behind their neurotypical siblings.Because self-sufficiency is presumed to be the driving force behind the emancipation age in NY State, it is crucial to recognize disparities between the chronological and cognitive ages of developmentally disabled young adults.The discretion afforded to the Court by this amendment to make determinations must include other variables for extending the age of majority to 26,” said Ms. Calderon. “With an extension of child support, there is the opportunity for developmentally disabled young adults to reach a cognitive age for independence.On behalf of Joseph, and all disabled young adults of divorced families in our state, I am so grateful.”

“The needs of dependent children with developmental or physical disabilities do not simply disappear when they reach age 21,” said Assemblywoman Carrie Woerner. “This legislation will enable single parents of adult children with a disability to pursue continued child support up to the age of 26 when the child’s disabilities prevent them from adequately caring for themselves.This is a common-sense proposal, supported by 49 bipartisan co-sponsors and advocates. I am so pleased that the bill has now passed the Assembly and the Senate, and I urge the Governor to sign this important legislation.”

Senator John W. Mannion (D-Geddes), Chair of the Senate Disabilities Committee, said, “The current ‘one-size-fits-all approach’ to support payments does not meet the needs of many I/DD New Yorkers and their families. This legislation recognizes that some disabled children and their custodial parent require financial support into adulthood, as is the law in dozens of other states. The aim of this legislation is to ensure vulnerable New Yorkers and their caregivers have every resource possible to live happy and fulfilling lives. I am proud to sponsor this bill in the Senate and I thank Assemblymember Woerner and Assemblymember Walsh for their hard work over many years to make this reform a reality in New York State.”