N.Y. Family Court Act § 440: Order of support

§ 440. Order of support. 1. (a) Any support order made by the court in

any proceeding under the provisions of article five-B of this act,

pursuant to a reference from the supreme court under section two hundred

fifty-one of the domestic relations law or under the provisions of

article four, five or five-A of this act (i) shall direct that payments

of child support or combined child and spousal support collected on

behalf of persons in receipt of services pursuant to section one hundred

eleven-g of the social services law, or on behalf of persons in receipt

of public assistance be made to the support collection unit designated

by the appropriate social services district, which shall receive and

disburse funds so paid; or (ii) shall be enforced pursuant to

subdivision (c) of section five thousand two hundred forty-two of the

civil practice law and rules at the same time that the court issues an

order of support; and (iii) shall in either case, except as provided for

herein, be effective as of the earlier of the date of the filing of the

petition therefor, or, if the children for whom support is sought are in

receipt of public assistance, the date for which their eligibility for

public assistance was effective. Any retroactive amount of support due

shall be support arrears/past due support and shall be paid in one sum

or periodic sums, as the court directs, and any amount of temporary

support which has been paid to be taken into account in calculating any

amount of such retroactive support due. In addition, such retroactive

child support shall be enforceable in any manner provided by law

including, but not limited to, an execution for support enforcement

pursuant to subdivision (b) of section fifty-two hundred forty-one of

the civil practice law and rules. When a child receiving support is a

public assistance recipient, or the order of support is being enforced

or is to be enforced pursuant to section one hundred eleven-g of the

social services law, the court shall establish the amount of retroactive

child support and notify the parties that such amount shall be enforced

by the support collection unit pursuant to an execution for support

enforcement as provided for in subdivision (b) of section fifty-two

hundred forty-one of the civil practice law and rules, or in such

periodic payments as would have been authorized had such an execution

been issued. In such case, the court shall not direct the schedule of

repayment of retroactive support. Where such direction is for child

support and parentage has been established by a voluntary acknowledgment

of parentage as defined in section forty-one hundred thirty-five-b of

the public health law, the court shall inquire of the parties whether

the acknowledgment has been duly filed, and unless satisfied that it has

been so filed shall require the clerk of the court to file such

acknowledgment with the appropriate registrar within five business days.

The court shall not direct that support payments be made to the support

collection unit unless the child, who is the subject of the order, is in

receipt of public assistance or child support services pursuant to

section one hundred eleven-g of the social services law. Any such order

shall be enforceable pursuant to section fifty-two hundred forty-one or

fifty-two hundred forty-two of the civil practice law and rules, or in

any other manner provided by law. Such orders or judgments for child

support and maintenance shall also be enforceable pursuant to article

fifty-two of the civil practice law and rules upon a debtor's default as

such term is defined in paragraph seven of subdivision (a) of section

fifty-two hundred forty-one of the civil practice law and rules. The

establishment of a default shall be subject to the procedures

established for the determination of a mistake of fact for income

executions pursuant to subdivision (e) of section fifty-two hundred

forty-one of the civil practice law and rules. For the purposes of

enforcement of child support orders or combined spousal and child

support orders pursuant to section five thousand two hundred forty-one

of the civil practice law and rules, a "default" shall be deemed to

include amounts arising from retroactive support. Where permitted under

federal law and where the record of the proceedings contains such

information, such order shall include on its face the social security

number and the name and address of the employer, if any, of the person

chargeable with support provided, however, that failure to comply with

this requirement shall not invalidate such order.

(b) (1) When the court issues an order of child support or combined

child and spousal support on behalf of persons in receipt of public

assistance or in receipt of services pursuant to section one hundred

eleven-g of the social services law, the support collection unit shall

issue an income execution immediately for child support or combined

spousal and child support, and shall issue an execution for medical

support enforcement in accordance with the provisions of the order of

support unless: (i) the court finds and sets forth in writing the

reasons that there is good cause not to require immediate income

withholding; or (ii) when the child is not in receipt of public

assistance, a written agreement providing for an alternative arrangement

has been reached between the parties. Such written agreement may include

an oral stipulation made on the record resulting in a written order. For

purposes of this paragraph, good cause shall mean substantial harm to

the debtor. The absence of an arrearage or the mere issuance of an

income execution shall not constitute good cause. When an immediate

income execution or an execution for medical support enforcement is

issued by the support collection unit, such execution shall be issued

pursuant to section five thousand two hundred forty-one of the civil

practice law and rules, except that the provisions thereof relating to

mistake of fact, default and any other provisions which are not relevant

to the issuance of an execution pursuant to this paragraph shall not

apply; provided, however, that if the support collection unit makes an

error in the issuance of an execution pursuant to this paragraph, and

such error is to the detriment of the debtor, the support collection

unit shall have thirty days after notification by the debtor to correct

the error. Where permitted under federal law and where the record of the

proceedings contains such information, such order shall include on its

face the social security number and the name and address of the

employer, if any, of the person chargeable with support; provided,

however, that failure to comply with this requirement shall not

invalidate such order. When the court determines that there is good

cause not to immediately issue an income execution or when the parties

agree to an alternative arrangement as provided in this paragraph, the

court shall provide expressly in the order of support that the support

collection unit shall not issue an immediate income execution.

Notwithstanding any such order, the support collection unit shall issue

an income execution for support enforcement when the debtor defaults on

the support obligation, as defined in section five thousand two hundred

forty-one of the civil practice law and rules. When an income execution

for support enforcement is issued pursuant to this paragraph, such

income execution shall supersede any income deduction order previously

issued for enforcement of the same support order pursuant to subdivision

(c) of section five thousand two hundred forty-two of the civil practice

law and rules, whereupon such income deduction order shall cease to have

further effect.

(2) When the court issues an order of child support or combined child

and spousal support on behalf of persons other than those in receipt of

public assistance or in receipt of services pursuant to section one

hundred eleven-g of the social services law, the court shall issue an

income deduction order pursuant to subdivision (c) of section five

thousand two hundred forty-two of the civil practice law and rules at

the same time at which it issues the order of support. The court shall

enter the income deduction order unless the court finds and sets forth

in writing: (i) the reasons that there is good cause not to require

immediate income withholding; or (ii) that an agreement providing for an

alternative arrangement has been reached between the parties. Such

agreement may include a written agreement or an oral stipulation, made

on the record, that results in a written order. For purposes of this

paragraph, good cause shall mean substantial harm to the debtor. The

absence of an arrearage or the mere issuance of an income deduction

order shall not constitute good cause. Where permitted under federal law

and where the record of the proceedings contains such information, the

order shall include on its face the social security number and the name

and address of the employer, if any, of the person chargeable with

support; provided, however, that failure to comply with this requirement

shall not invalidate the order. When the court determines that there is

good cause not to immediately issue an income deduction order or when

the parties agree to an alternative arrangement as provided in this

paragraph, the court shall not issue an income deduction order. In

addition, the court shall make provisions for health insurance benefits

in accordance with the requirements of section four hundred sixteen of

this article.

(c) Any order of support issued on behalf of a child in receipt of

family assistance or child support enforcement services pursuant to

section one hundred eleven-g of the social services law shall be subject

to review and adjustment by the support collection unit pursuant to

section one hundred eleven-n of the social services law, section two

hundred forty-c of the domestic relations law and section four hundred

thirteen-a of this article. Such review and adjustment shall be in

addition to any other activities undertaken by the support collection

unit relating to the establishment, modification, and enforcement of

support orders payable to such unit.

2. The court shall require any person chargeable with support under

the provisions of article five-B of this act or under any support order

made pursuant to a reference from the supreme court under section two

hundred fifty-one of the domestic relations law or in any proceeding

under the provisions of article four, five or five-A of this act to

provide his or her social security number, the name and address of his

or her employer and to report any changes of employer or change in

employment status affecting compensation received, including rate of

compensation or loss of employment, to the support collection unit

designated by the appropriate social services district and to keep such

support collection unit advised of his or her current employer and

current employment status; provided, however, that a social security

number may be required only where permitted under federal law.

3. The amount of support determined in accordance with the statewide

child support standards, as set forth in section four hundred thirteen

of this act, shall constitute prima facie evidence of the ability of any

person chargeable with support in accordance with the provisions of

article three-A of the domestic relations law or under any support order

made pursuant to a reference from the supreme court under section two

hundred fifty-one of the domestic relations law or in any proceeding

under the provisions of article four, five or five-A of this chapter to

support or contribute such amount towards the support of his or her

children.

4. Any support order made by the court in any proceeding under the

provisions of article five-B of this act, pursuant to a reference from

the supreme court under section two hundred fifty-one of the domestic

relations law or under the provisions of this article or article five or

five-A of this act shall include, on its face, a notice printed or

typewritten in a size equal to at least eight point bold type:

(a) informing the respondent that a willful failure to obey the order

may, after court hearing, result in commitment to jail for a term not to

exceed six months for contempt of court, and

(b) informing the parties of their right to seek a modification of the

child support order upon a showing of:

(i) a substantial change in circumstances; or

(ii) that three years have passed since the order was entered, last

modified or adjusted; or

(iii) there has been a change in either party's gross income by

fifteen percent or more since the order was entered, last modified, or

adjusted;

however, if the parties have specifically opted out of subparagraph (ii)

or (iii) of this paragraph in a validly executed agreement or

stipulation, then that basis to seek modification does not apply.

5. The court shall direct that a copy of any child support or combined

child and spousal support order issued by the court on or after the

first day of October, nineteen hundred ninety-eight, in any proceeding

pursuant to a reference from the supreme court under section two hundred

fifty-one of the domestic relations law or under the provisions of

article four, five, five-A or five-B of this act be provided promptly to

the state case registry established pursuant to subdivision four-a of

section one hundred eleven-b of the social services law.

6. Any order of support made by the court shall provide for health

insurance benefits pursuant to section four hundred sixteen of this

article.