2023 New York Laws › DOM - Domestic Relations › Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action › 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.