BILL NUMBER:S2392A

TITLE OF BILL:

An  act to amend the domestic relations law and the family court act, in
relation to child support for children attending a college ROTC program,
a military college, a military preparatory school or one of  the  United
States military academies

PURPOSE:

This  bill  would  rectify a situation in which a child under the age of
twenty-one who enters a particular class of secondary  school,  such  as
preparatory  schools  or  military  academies  may be considered legally
emancipated and thus ineligible for child support from the non-custodial
parent, despite the custodial parent's continuing obligation to  support
the  child  that  continues,  in fact, to be an unemancipated dependent.
This bill would provide for the continued payment of  child  support  in
such situations.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (f) of subdivision 1 of part B of Section 236
of  the  domestic relations law by clarifying that a child under the age
of twenty-one who attends college, preparatory  school  or  one  of  the
United  States military academies shall not be deemed emancipated solely
              

for attending such educational institution.

Section 2 amends subparagraph 2 of paragraph (b)of  subdivision  1-b  of
section  240  of  the  domestic relations law by clarifying that a child
under the age of twenty-one who attends college, preparatory  school  or
one  of the United States military academies shall not be deemed emanci-
pated solely for attending such educational institution.

Section 3 amends subparagraph 2 of  paragraph  (b)of  subdivision  1  of
section 413 of the family court act by clarifying that a child under the
age  of twenty-one who attends college, preparatory school or one of the
United States military academies shall not be deemed emancipated  solely
for attending such educational institution.

Section four sets the effective date.

JUSTIFICATION:

Child  Support is a pro-rata payment made by a non-custodial parent to a
custodial parent for the care, maintenance  and  education  of  a  joint
child,  who is under the age of twenty-one and unemancipated. The custo-
dial parent covers the whole of such costs directly, and  the  noncusto-
dial  parent must contribute a proportional share to reimburse the other
for these expenses. Since a child is not considered unemancipated simply
for leaving the custodial parent's home to attend college, it is  unrea-
sonable  to  penalize that same child for choosing to attend a different

type of secondary school, as the basis for the payments is unchanged and
the expenses remain.

Currently,  ROTC  students,  and  students of the United States military
academies are deemed "emancipated children" under existing case law from
the second judicial department, simply as a result of  the  decision  to
attend  such  academy, or enlist in an ROTC program. As a result of this
designation, these children may be denied continued child support.

This bill would correct this inequity and ensure that all children under
the age of twenty-one seeking secondary education are  treated  equally,
regardless of the educational institution they decide to attend.

Specifically,  this  bill  provides that a child who is under twenty-one
years of age who attends college,  preparatory  school  or  one  of  the
United  States military academies, be treated similarly to unemancipated
children that choose to attend  college  or  university.    This  choice
should have no impact on the applicability of child support.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately after it becomes law