New York · Through 2026-09-11

N.Y. Social Services Law § 111-b: Functions, powers and duties of the department

§ 111-b. Functions, powers and duties of the department. 1. The single
organizational unit within the department shall be responsible for the
supervision of the activities of state and local officials relating to
establishment of paternity of children born out-of-wedlock, location of
absent parents and enforcement of support obligations of legally
responsible relatives to contribute for the support of their dependents.
  2. The department is hereby authorized to accept, on behalf of the
state and the social services districts concerned, assignments of
support rights owed to persons receiving (i) aid to dependent children
pursuant to title ten of article five of this chapter or, (ii) where
appropriate, foster care maintenance payments made pursuant to title
IV-E of the federal social security act; provided however, that it will
not be appropriate where such requirement will have a negative impact
upon the health, safety or welfare of such child or other individuals in
the household or impair the likelihood of the child returning to his or
her family when discharged from foster care or, (iii) home relief
pursuant to title three of article five of this chapter. Notwithstanding
any inconsistent provisions of title six of this article or any other
provisions of law, the department may enforce such assigned support
rights either directly, through social services officials or, if there
is in effect an approved agreement between the social services official
and another governmental agency, through such other agency. In any
proceeding to enforce such assignment, the official bringing such
proceeding shall have the same rights as if the proceeding were being
brought to enforce section four hundred fifteen of the family court act.
  2-a. The department shall prepare a notice which shall be distributed
by social services officials to persons who may be required to assign
support rights which notice shall explain the rights and obligations
that may result from the establishment of paternity and the right of the
assignor to be kept informed, upon request, of the time, date and place
of any proceedings involving the assignor and such other information as
the department believes is pertinent. The notice shall state that the
attorney initiating the proceeding represents the department.
  3. In appropriate cases, the department is authorized to utilize
support enforcement and collection and location services made available
through the secretary of health and human services, including the
services of federal courts, the federal parent locator service, the
federal case registry of child support orders, the national directory of
new hires, and the treasury department, if and so long as authorized and
required by federal law.
  4. The department shall maintain and operate a parent locator service
with respect to cases being provided services pursuant to this title.
  To effectuate the purposes of this subdivision, the commissioner shall
request and receive from the departments, authorities, boards, bureaus,
commissions, corporations, councils, funds, offices, or other agencies
of the state, or any of its political subdivisions, and all such
organizational entities of the state and social services districts are
hereby directed, to provide and the political subdivisions are hereby
authorized to provide, such assistance and data as will enable the
department and social services districts to properly carry out their
powers and duties to locate such parents and to enforce their liability
for the support of their children. Any records established pursuant to
the provisions of this section shall be available only to the secretary
of health and human services, office of the inspector general, social
services districts, district attorneys, county attorneys, corporation
counsels, and courts having jurisdiction in any proceeding under article
four, five, five-A, or five-B of the family court act; provided,
however, no organizational entity of the state need make available any
data or information which is otherwise required by statute to be
maintained in a confidential manner.
  4-a. (a) The department shall maintain and operate a state case
registry that contains records with respect to:
  (1) each case receiving services pursuant to this title; and
  (2) each support order established or modified in the state on or
after the first day of October, nineteen hundred ninety-eight.
  (b) For the purpose of subparagraph two of paragraph (a) of this
subdivision, the term support order means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued by a court
or an administrative agency of competent jurisdiction, including any
adjusted order issued by a support collection unit, for the support and
maintenance of a child, including a child who has attained the age of
majority under the law of the issuing state, or a child and the parent
with whom the child is living, which provides for monetary support,
health care, arrearages, or reimbursement, and which may include related
costs and fees, interest and penalties, income withholding, attorney's
fees, and other relief.
  (c) Each case record in the state case registry with respect to cases
described in subparagraph one of paragraph (a) of this subdivision for
which a support order has been established shall include a record of:
  (1) the amount of monthly (or other periodic) support owed under the
order, and other amounts (including arrearages, interest or late payment
penalties, and fees) due or overdue under the order;
  (2) any amount described in subparagraph one of this paragraph that
has been collected;
  (3) the distribution of such collected amounts;
  (4) the birth date of any child for whom the order requires the
provision of support; and
  (5) the amount of any lien imposed with respect to the order pursuant
to section one hundred eleven-u of this article.
  (d) The department shall update and monitor each case record in the
state registry described in subparagraph one of paragraph (a) of this
subdivision on the basis of:
  (1) information on administrative actions and administrative and
judicial proceedings and orders relating to paternity and support;
  (2) information obtained from comparison with federal, state or local
sources of information;
  (3) information on support collections and distributions; and
  (4) any other relevant information.
  (e) Information maintained as part of the state case registry shall be
made available to other state and federal agencies as provided for in
federal statutes and regulations promulgated by the federal secretary of
health and human services.
  5. (a) There shall be established for each state fiscal year a
statewide child support collections goal for amounts of collections of
support obligations pursuant to this title, which goal shall be set
forth in that portion of the state's local assistance budget intended
for the appropriation of reimbursement to social services districts
pursuant to this chapter. The commissioner shall, subject to the
approval of the director of the budget, annually allocate a portion of
the statewide goal to each social services district, which portion shall
be based upon the district's portion of the statewide aid to dependent
children program and other relevant factors.
  (b) Notwithstanding any inconsistent provision of section one hundred
fifty-three of this chapter, for each social services district which
fails to meet its portion of the collection goal established by this
section, the commissioner shall deny state reimbursement for such
district's expenditures for aid to dependent children, in an amount
equal to the difference between the amount of non-federal funds such
district is required to repay to the state out of collections actually
made and the amount of non-federal funds such district would have been
required to repay to the state had it met its collection goal.
  (c) Any social services district which has been determined to have
failed to meet its portion of the collection goal may request a
redetermination by the commissioner or his designee in a manner to be
established by department regulations. Upon a showing by such district
that such failure was due in whole or in part to factors other than
those administrative and processing functions or organizations which are
subject to the jurisdiction of such district's local legislative body,
the commissioner shall waive such failure in whole or in part and shall
restore all or a corresponding portion of any state reimbursement
previously denied pursuant to this section.
  (d) For purposes of determining the amount of child support
collections which are attributable toward meeting a district's portion
of the statewide collections goal, any amounts collected by one social
services district on behalf of another shall be credited to the district
to which support payments have been assigned. Support payments collected
on behalf of another state or on behalf of persons not in receipt of aid
to dependent children shall not be taken into consideration in
determining whether such district has met its goal.
  (e) The department may for purposes of administrative convenience set
monthly or quarterly goals based upon each district's annual goal and
may deny reimbursement on a monthly or quarterly basis, subject to a
final adjustment at the end of each year reflecting the extent to which
each such district has met its portion of the statewide annual goal.
  6. When the commissioner has determined that a social services
district has failed to meet its portion of the statewide child support
collections goal, as determined in accordance with the provisions of
subdivision five of this section, or has failed to comply with the
applicable provisions of federal law and regulations, he shall notify
such district and the appropriate local legislative body of such
determination and may promulgate any regulations he determines are
necessary to improve such district's organization, administration,
management or program. Such regulations shall be fully complied with by
the effective date of such regulations.
  7. The department, through the commissioner, shall enter into the
agreement provided for in section one hundred seventy-one-c of the tax
law and is authorized to furnish to the commissioner of taxation and
finance and the state tax commission such information and to take such
other actions as may be necessary to carry out the agreement provided
for in such section, for the crediting of overpayments of tax to
past-due support which is owed to persons receiving services pursuant to
this title and title six-B of this article. A person receiving services
under this title shall receive a pro rata share of the overpayment of
tax, based on the amount of past-due support owed to such person as
certified to the tax commission by the department pursuant to section
one hundred seventy-one-c of the tax law, in cases where the individual,
estate or trust owing past-due support to such person owes past-due
support to other persons or entities so certified to the tax commission
by the department. Amounts certified to the state tax commission under
such agreement may include amounts specified in subdivision eight of
this section. The amount paid by the state comptroller to the department
pursuant to subdivision one of section one hundred seventy-one-c of the
tax law shall be distributed in accordance with applicable provisions of
this chapter and the department's regulations. To the extent permitted
by federal law, the department may also certify amounts to the federal
department of health and human services for tax interception to the same
extent as it certifies amounts pursuant to such section of the tax law.
  The department shall by regulation establish procedures by which any
individual, estate or trust which is the subject of a certification to
the state tax commission in accordance with such agreement may contest
such certification based on defenses that are not subject to family
court jurisdiction. Such regulations and the notice required by
subdivision four of section one hundred seventy-one-c of the tax law
shall set forth defenses which may be available to the individual,
estate or trust to contest such certification, and the manner in which a
review of the certification based on such defenses may be obtained.
  8. (a) Amounts certified to the state tax commission under the
agreement described in subdivision seven of this section for persons who
are receiving services pursuant to this title may include:
  (i) amounts representing delinquencies which have accrued under a
court order of support;
  (ii) with respect to any court order of support made before September
first, nineteen hundred eighty-four which provided for periodic payments
toward an established arrears amount, the entire amount of such arrears
where the respondent is, at any time after September first, nineteen
hundred eighty-four, delinquent in making such periodic payments; and
  (iii) with respect to any court order of support made on or after
September first, nineteen hundred eighty-four which establishes an
arrears amount, the entire amount of such arrears, unless such order
includes a finding that anticipated tax refunds pursuant to the most
recently filed state and federal tax returns have been considered by the
court and taken into account in determining the amount of periodic
payments to be made toward the arrears amount, or in determining the
amount of the current support order, and expressly provides that such
arrears are not to be so certified.
  (b) For the purpose of the state child support program any payment
made by a respondent which is insufficient to fully satisfy both a
current court order of support and a periodic payment toward the balance
of any arrears amount established by court order shall be first applied
toward the current order of support or any delinquency thereon and then
toward the periodic payment on any arrears amount established by court
order unless otherwise required by federal regulation.
  * 10. (a) The department, through the commissioner, shall enter into
the agreement provided for in section sixteen hundred thirteen-a of the
tax law and is authorized to furnish to the director of the lottery and
the division of the lottery such information and to take such other
actions as may be necessary to carry out the provisions of the agreement
provided for in such section, for the crediting of lottery prizes of six
hundred dollars or more to past-due support which is owed to persons
receiving services pursuant to this title. A person receiving services
under this title shall receive a pro rata share of the prize winning
based on the amount of past-due support owed to such person as provided
to the division of the lottery by the department pursuant to section
sixteen hundred thirteen-a of the tax law, in cases where the
individual, estate or trust owing past-due support to such person owes
past-due support to other persons or entities so provided to the
division of the lottery by the department. Amounts provided to the
division of the lottery under such agreement may include amounts
specified in this subdivision. The amount paid by the state comptroller
to the department pursuant to subdivision one of section sixteen hundred
thirteen-a of the tax law shall be distributed in accordance with
applicable provisions of this chapter and the department's regulations.
  (b) The department shall by regulation establish procedures by which
any individual, estate or trust which is the subject of crediting of any
lottery prize of six hundred dollars or more to the state division of
the lottery in accordance with such agreement may contest such crediting
based on defenses that are not subject to family court jurisdiction.
Such regulations shall require that notice be given to the individual,
estate or trust which shall set forth:
  (i) defenses which may be available to the individual, estate or trust
to contest such crediting;
  (ii) the manner in which a review of the crediting of lottery prizes
of six hundred dollars or more based on such defenses may be obtained;
  (iii) the address and telephone number of the local department of
social services' support collection unit which may be contacted with
respect to correction of any error in such crediting concerning such
individual's, estate's or trust's liability for past-due support or with
respect to payment of such liability; and
  (iv) the time frame by which such a defense must be made.
  * NB There are 2 sb 10's
  * 10. The commissioner must review the child support standards act at
least once every four years to ensure that its application results in
the determination of appropriate child support amounts. As part of such
review, the commissioner must consider economic data on the cost of
raising children and analyze case data, gathered through sampling or
other methods, on the application of, and deviations from the basic
child support obligation. The analysis of the data must be used to
ensure that such deviations are limited and, if appropriate, necessary
revisions to the child support standards act must be submitted to the
legislature to accomplish such purpose.
  * NB There are 2 sb 10's
  11. (a) Amounts certified to the division of the lottery under the
agreement described in subdivision ten of this section for persons who
are receiving services pursuant to this title may include:
  (i) amounts representing delinquencies which have accrued under a
court order of support;
  (ii) with respect to any court order of support made which establishes
an arrears amount, the entire amount of such arrears.
  (b) For the purpose of the state child support program any payment
made by a respondent which is insufficient to fully satisfy both a
current court order of support and a periodic payment toward the balance
of any arrears amount established by court order shall be first applied
toward the current order of support or any delinquency thereon and then
toward the periodic payment on any arrears amount established by court
order unless otherwise required by federal regulation.
  * 12. (a) The department, through the commissioner, shall enter into
the agreement provided for in section five hundred ten of the vehicle
and traffic law and is authorized to furnish to the commissioner of
motor vehicles such information and to take such actions as may be
necessary to carry out the agreement provided for in such section, for
the enforcement of child support orders through the suspension of
delinquent obligors' driving privileges.
  (b) (1) When a support obligor who is or was under a court order to
pay child support or combined child and spousal support to a support
collection unit on behalf of persons receiving services under this title
has accumulated support arrears equivalent to or greater than the amount
of support due pursuant to such order for a period of four months, the
office of temporary and disability assistance shall notify the support
obligor in writing that his or her continued failure to pay the support
arrears shall result in notification to the department of motor vehicles
to suspend the support obligor's driving privileges unless the support
obligor complies with the requirements set forth in paragraph (e) of
this subdivision. For purposes of determining whether a support obligor
has accumulated support arrears equivalent to or greater than the amount
of support due for a period of four months, the amount of any
retroactive support, other than periodic payments of retroactive support
which are past due, shall not be included in the calculation of support
arrears pursuant to this section; however, if at least four months of
support arrears have accumulated subsequent to the date of the court
order, the entire amount of any retroactive support may be collected
pursuant to the provisions of this subdivision or as otherwise
authorized by law.
  (2) The department shall provide the notice required by subparagraph
one of this paragraph by first class mail to the support obligor's last
known address or such other place where the support obligor is likely to
receive notice, or in the same manner as a summons may be served.
Forty-five days after the date of such notice, if the support obligor
has not challenged the determination of the support collection unit
pursuant to subparagraph one of paragraph (d) of this subdivision or if
the support obligor has failed to satisfy the arrears/past due support
or to otherwise comply with the requirements set forth in paragraph (e)
of this subdivision, the department shall notify the department of motor
vehicles that the support obligor's driving privileges are to be
suspended pursuant to section five hundred ten of the vehicle and
traffic law. Upon the support obligor's compliance with the provisions
of paragraph (e) of this subdivision, the department shall advise the
department of motor vehicles within five business days that the
suspension of the support obligor's driving privileges shall be
terminated. If the support obligor appears in person at the support
collection unit to satisfy the requirements of paragraph (e) of this
subdivision, the support collection unit shall immediately provide a
notice of compliance to the support obligor, in addition to the notice
sent directly to the department of motor vehicles.
  (3) Notwithstanding the requirements of this subdivision, no notice
shall be issued by the department pursuant to subparagraph one of this
paragraph to a support obligor from whom support payments are being
received by the support collection unit as a result of an income
execution or an income deduction order issued pursuant to section five
thousand two hundred forty-one or five thousand two hundred forty-two of
the civil practice law and rules.
  (c) The notice provided to a support obligor by the department
pursuant to paragraph (b) of this subdivision shall contain the caption
of the order of support, the date the order of support was entered, the
court in which it was entered, the amount of the periodic payments
directed, and the amount of arrears/past due support. In addition, the
notice shall include:
  (1) an explanation of the action required pursuant to paragraph (e) of
this subdivision to be taken by the support obligor to avoid the
suspension of his or her driving privileges;
  (2) a statement that forty-five days after the date of the notice, the
department of motor vehicles will be notified to suspend the support
obligor's driving privileges unless the support obligor may challenge
the support collection unit's determination as set forth in paragraph
(d) of this subdivision within forty-five days of the date of such
notice; a statement of the manner in which the support obligor may
challenge the determination, and a statement that if the support obligor
challenges the determination, a review will be completed by the support
collection unit within seventy-five days of the date of the notice;
  (3) a statement that if the support obligor does not challenge the
support collection unit's determination then the department of motor
vehicles shall be notified to suspend the support obligor's driving
privileges unless the support obligor contacts the support collection
unit to arrange for full payment or commencement of satisfactory payment
arrangements on the arrears/past due support, or to comply otherwise
with the requirements set forth in paragraph (e) of this subdivision,
within forty-five days of the date of the notice;
  (4) the address and telephone number of the support collection unit
that the support obligor may contact to request information about a
challenge or to comply with the requirements set forth in paragraph (e)
of this subdivision;
  (5) a statement that the suspension of driving privileges will
continue until the support obligor pays the support arrears or complies
otherwise with the requirements set forth in paragraph (e) of this
subdivision; and
  (6) a statement printed in boldface type that the support obligor's
intentional submission of false written statements to the support
collection unit for the purpose of frustrating or defeating the lawful
enforcement of support obligations is punishable pursuant to section
175.35 of the penal law.
  (d) (1) A support obligor may challenge in writing the correctness of
the determination of the support collection unit that the obligor's
driving privileges should be suspended, and in support of the challenge
may submit documentation demonstrating mistaken identity, error in
calculation of arrears, financial exemption from license suspension
pursuant to the conditions enumerated in paragraph (e) of this
subdivision, the absence of an underlying court order to support such
determination, or other reason that the person is not subject to such
determination. Such documents may include but are not limited to a copy
of the order of support pursuant to which the obligor claims to have
made payment, other relevant court orders, copies of cancelled checks,
receipts for support payments, pay stubs or other documents identifying
wage withholding, and proof of identity. The support collection unit
shall review the documentation submitted by the support obligor, shall
adjust the support obligor's account if appropriate, and shall notify
the support obligor of the results of the review initiated in response
to the challenge within seventy-five days from the date of the notice
required by paragraph (b) of this subdivision. If the support collection
unit's review indicates that the determination to suspend driving
privileges was correct, the support collection unit shall notify the
support obligor of the results of the review and that the support
obligor has thirty-five days from the date of mailing of such notice to
satisfy the full amount of the arrears or commence payment of the
arrears/past due support as specified in paragraph (e) of this
subdivision and if the support obligor fails to do so, the support
collection unit shall notify the department of motor vehicles to suspend
the support obligor's driving privileges pursuant to section five
hundred ten of the vehicle and traffic law. The support obligor shall be
further notified that if the support obligor files objections with the
family court and serves these objections on the support collection unit
within thirty-five days from the date of mailing of the notice denying
the challenge pursuant to subdivision five of section four hundred
fifty-four of the family court act, the support collection unit shall
not notify the department of motor vehicles to suspend the support
obligor's driving privileges until fifteen days after entry of judgement
by the family court denying the objections.
  (2) A support obligor may within thirty-five days of mailing of the
notice denying his or her challenge by the support collection unit
request that the family court review the support collection unit's
determination pursuant to subdivision five of section four hundred
fifty-four of the family court act. If the support obligor requests the
family court to review the determination of the support collection unit,
the support collection unit shall not notify the department of motor
vehicles to suspend the support obligor's driving privileges until
fifteen days after mailing of a copy of the judgment by the family court
to the support obligor denying the objections.
  (e) A support obligor who has received a notice that his or her
driving privileges shall be suspended may avoid the suspension by:
  (1) making full payment of all arrears/past due support to the support
collection unit; or
  (2) making satisfactory payment arrangements with the support
collection unit for payment of the arrears/past due support and the
current support obligation. "Satisfactory payment arrangements" shall
mean:
  (i) execution of a confession of judgment for the total balance of the
arrears/past due support; and
  (ii) execution of a verified statement of net worth on a form
prescribed by the commissioner setting forth the obligor's income from
all sources, liquid assets and holdings, copies of the obligor's drivers
license, most recent federal and state tax return, and a representative
pay stub, and an eighteen month employment history; and
  (iii) execution and verification of a stipulation that the obligor
will notify the support collection unit of all future changes of address
until such time as the obligation to pay support is terminated; and
  (iv) payment of support to the support collection unit by income
execution pursuant to section five thousand two hundred forty-one of the
civil practice law and rules, which shall include deductions sufficient
to ensure compliance with the direction in the order of support and
shall include an additional amount to be applied to the reduction of
arrears as required by subdivision (b) of such section, or by execution
of an agreement for payment of the arrears/past due support and any
current support directly to the support collection unit in an amount
which is consistent with that which would have been made under such an
income execution; provided however, that where the support obligor fails
to comply with the agreement, he/she may avoid or terminate the
suspension of driving privileges only by making at least fifty percent
payment of all arrears/past due support to the support collection unit
and in addition, entering into a payment plan pursuant to this
subdivision with the support collection unit within fifteen days.
However, in any case when the support obligor fails to comply with a
payment plan as described herein more than once within twelve months,
the obligor must pay the balance of all arrears/past due support to
avoid or terminate license suspension. "Failure to comply" for these
purposes shall mean missing payments in an amount equivalent to four
months of support under the payment plan, unless the support obligor
demonstrates that he or she has filed a petition for modification that
is pending; or
  (3) providing documentation that shows the support obligor is
receiving public assistance or supplemental security income; or
  (4) providing to the support collection unit the documentation
required by clauses (i) through (iii) of subparagraph two of this
paragraph, where such documentation is sufficient for the support
collection unit to determine:
  (i) that the support obligor's income, as defined by subparagraph five
of paragraph (b) of subdivision one of section four hundred thirteen of
the family court act, falls below the self-support reserve as defined by
subparagraph six of paragraph (b) of subdivision one of section four
hundred thirteen of the family court act; or
  (ii) that the amount of the support obligor's income, as defined by
subparagraph five of paragraph (b) of subdivision one of section four
hundred thirteen of the family court act, remaining after the payment of
the current support obligation would fall below the self-support reserve
as defined by subparagraph six of paragraph (b) of subdivision one of
section four hundred thirteen of the family court act.
  (f) A support obligor who alleges that he or she has not received
actual notice pursuant to paragraph one of subdivision (b) of this
section and whose driving privileges were suspended may at any time
request a review pursuant to subdivision (d) of this section or comply
with the requirements of subdivision (e) of this section, and upon a
determination that he or she has not accumulated support arrears
equivalent to or greater than the amount of support due for a period of
four months or that he or she meets the requirements of subdivision (e)
of this section, the department shall notify the department of motor
vehicles that the suspension of driving privileges shall be terminated.
  * NB Repealed August 31, 2027
  13. (a) The commissioner shall enter into the agreement provided for
in section one hundred seventy-one-g of the tax law and is authorized to
furnish to the commissioner of taxation and finance any information, and
to take such other actions, as may be necessary to carry out the
agreement provided for in such section, for the purpose of reviewing
support orders pursuant to subdivision twelve of section one hundred
eleven-h of this title.
  (b) Information obtained under paragraph (a) of this subdivision shall
be confidential and shall not be disclosed to persons or agencies other
than those entitled to such information when such disclosure is
necessary for the proper administration of the child support enforcement
program pursuant to this title.
  14. For purposes of this subdivision, the department or, pursuant to
contract, a fiscal agent is authorized to collect and disburse any
support paid pursuant to any order of child support or combined child
and spousal support issued on or after the first day of January,
nineteen hundred ninety-four under the provisions of section two hundred
thirty-six or two hundred forty of the domestic relations law, or
article four, five, five-A or five-B of the family court act, and which
the court has ordered to be paid pursuant to an income execution issued
by the sheriff, the clerk of the court, or the attorney for the creditor
pursuant to subdivision (c) of section five thousand two hundred
forty-one of the civil practice law and rules or an income deduction
order issued by the court pursuant to subdivision (c) of section five
thousand two hundred forty-two of the civil practice law and rules. Such
support received shall be disbursed within two business days of receipt.
The department shall maintain records of its collection and disbursement
of such support and furnish such records to the parties to the order
upon request. The department shall be entitled to collect an annual
service fee not to exceed the maximum fee permitted pursuant to federal
law for its provision of such services. Funds received in satisfaction
of such fee shall be deposited in an account and shall be made available
to the department for costs incurred in the implementation of this
section. The department shall not furnish any additional services to the
parties; however, a party seeking child support services may apply for
such services pursuant to section one hundred eleven-g of this title.
The department shall not be responsible for the collection and
disbursement of any support until after it has received a copy of the
income execution from the sheriff, the clerk of the court, or the
attorney for the creditor or a copy of the income deduction order issued
by the court and the person entitled to the payment of support pursuant
to the order of support has submitted payment of the annual service fee
if any, and unless its records show that it has received such support on
behalf of the parties to the order, and that the party to whom the funds
are to be disbursed has provided the department with any address
changes.
  15. (a) The department, through the commissioner, shall enter into the
agreement provided for in section one hundred seventy-one-i of the tax
law and is authorized to furnish to the commissioner of taxation and
finance such information and to take such other actions as may be
necessary to carry out such agreement.
  (b) (1) When a support obligor who is or was under a court order to
pay child support or combined child and spousal support to a support
collection unit on behalf of persons receiving services under this title
has accumulated support arrears equivalent to or greater than the amount
of support due pursuant to such order for a period of four months, the
office of temporary and disability assistance shall notify the support
obligor in writing that his or her continued failure to fully pay the
support arrears shall result in notification to the department of
taxation and finance that they are authorized to collect such arrearage.
For purposes of determining whether a support obligor has accumulated
support arrears equivalent to or greater than the amount of support due
for a period of four months, the amount of any retroactive support,
other than periodic payments of retroactive support which are past due,
shall not be included in the calculation of support arrears pursuant to
this section; however, if at least four months of support arrears have
accumulated subsequent to the date of the court order, the entire amount
of any retroactive support may be collected pursuant to the provisions
of this subdivision or as otherwise authorized by law.
  (2) The department shall provide the notice required by subparagraph
one of this paragraph by first class mail to the support obligor's last
known address or such other place where the support obligor is likely to
receive notice by first class mail. Forty-five days after the date of
such notice, if the support obligor has not challenged the determination
of the support collection unit pursuant to subparagraph one of paragraph
(d) of this subdivision or if the support obligor has failed to satisfy
the arrears, the department shall notify the department of taxation and
finance that the support obligor's support arrearage are authorized to
be collected as prescribed in subparagraph one of this paragraph.
  (3) Notwithstanding the requirements of this subdivision, no notice
shall be issued by the department pursuant to subparagraph one of this
paragraph to a support obligor from whom support payments are being
received by the support collection unit as a result of an income
execution or an income deduction order issued pursuant to section five
thousand two hundred forty-one or five thousand two hundred forty-two of
the civil practice law and rules.
  (c) The notice provided to a support obligor by the department
pursuant to paragraph (b) of this subdivision shall contain the caption
of the order of support, the date the order of support was entered, the
court in which it was entered, the amount of the periodic payments
directed, and the amount of arrears. In addition, the notice shall
include:
  (1) a statement that unless the support arrears are satisfied within
forty-five days after the date of the notice, the department of taxation
and finance will be notified that they are authorized to commence
collection action unless the support obligor challenges the support
collection unit's determination as set forth in paragraph (d) of this
subdivision within forty-five days of the date of such notice; a
statement of the manner in which the support obligor may challenge the
determination, and a statement that if the support obligor challenges
the determination, a review will be completed by the support collection
unit within seventy-five days of the date of the notice;
  (2) a statement that if the support obligor does not challenge the
support collection unit's determination then the department of taxation
and finance shall be notified that they are authorized to commence
collection action unless the support obligor contacts the support
collection unit to arrange for full payment of the arrears;
  (3) the address and telephone number of the support collection unit
that the support obligor may contact to request information about a
challenge to the determination of the support collection unit;
  (4) a statement that the collection actions by the department of
taxation and finance is authorized to continue until the support obligor
pays the support arrears; and
  (5) a statement printed in boldface type that the support obligor's
intentional submission of false written statements to the support
collection unit for the purpose of frustrating or defeating the lawful
enforcement of support obligations is punishable pursuant to section
175.35 of the penal law.
  (d) A support obligor who has received a notice that his or her
support arrearage shall be referred to the department of taxation and
finance for collection action may avoid such action by making payment of
all arrears to the support collection unit; providing documentation that
shows the support obligor is receiving public assistance, medical
assistance, food stamps or supplemental security income; or providing to
the support collection unit the documentation sufficient for the support
collection unit to determine:
  (1) an error in the calculation of the obligor's support arrears which
would render the obligor ineligible for collection by the department of
taxation and finance; or
  (2) a mistake in the identity of the obligor showing that the
individual making the challenge is not the obligor identified by the
department; or
  (3) the absence of an underlying court order for support pursuant to
which the obligor's arrears gave rise to eligibility for collection
action on such arrears by the department of taxation and finance.
  16. Bureaus of special hearings; child support unit. (a) The
department is authorized to establish a bureau of special hearings;
child support unit solely for the purposes of providing administrative
law judges to decide objections to the determination of a support
collection unit to refer an obligor's arrears to the department of
taxation and finance for collection pursuant to subdivision nineteen of
section one hundred eleven-h of this title. The administrative law
judges employed by the unit shall serve exclusively within the unit and
shall not be utilized for any purpose other than those described in this
subdivision and shall be salaried employees of the department and shall
not be removed from such unit except for cause.
  (b) The unit shall review a support collection unit's denial of a
challenge made by a support obligor pursuant to paragraph two of
subdivision nineteen of section one hundred eleven-h of this title if
objections thereto are filed by a support obligor who has received
notice that the department intends to notify the department of taxation
and finance to collect such support obligor's support arrears. Specific
written objections to a support collection unit's denial must be
submitted by the support obligor to the unit within thirty days of the
date of the notice of the support collection unit's denial. A support
obligor who files such objections shall serve a copy of the objections
upon the support collection unit, which shall have ten days from such
service to file a written rebuttal to such objections and a copy of the
record upon which the support collection unit's denial was made,
including all documentation submitted by the support obligor. Proof of
service shall be filed with the unit at the time of filing of objections
and any rebuttal. The unit's review shall be based solely upon the
record and submissions of the support obligor and the support collection
unit upon which the support collection unit's denial was made. Within
fifteen days after the rebuttal, if any, is filed, an administrative law
judge of the unit shall (i) deny the objections and remand to the
support collection unit or (ii) affirm the objections if the
administrative law judge finds the determination of the support
collection unit is based upon an erroneous determination of fact by the
support collection unit. Such decision shall pertain solely to the
mistaken identity of the obligor, a prejudicial error in the calculation
of the obligor's arrears, the obligor's financial exemption from
collection of support arrears by the department of taxation and finance
or the absence of an underlying court order establishing arrears to
support eligibility for such enforcement. Upon an affirmation of the
objections the administrative law judge shall direct the support
collection unit not to notify the department of taxation and finance of
their authority to collect the support obligor's arrears. Provisions set
forth in this subdivision relating to procedures for hearing objections
by the unit shall apply solely to such cases and not affect or modify
any other procedure for review or appeal of administrative enforcement
of child support requirements. The decision of the administrative law
judge pursuant to this section shall be final and not reviewable by the
commissioner, and shall be reviewable only pursuant to article
seventy-eight of the civil practice law and rules.
  17. Special services for review and adjustment. The department shall
develop procedures for and require local social services districts to
dedicate special staff to the review and adjustment of child support
orders entered prior to September fifteenth, nineteen hundred
eighty-nine on behalf of children in receipt of public assistance or
child support services pursuant to section one hundred eleven-g of this
title. Such review and adjustment shall be performed pursuant to
subdivisions twelve, thirteen, fourteen, fifteen and sixteen of section
one hundred eleven-h of this title. All such cases shall be reviewed and
if necessary adjusted no later than December thirty-first, two thousand.

Where this section sits in the code

Social Services Law
Article 3. Local Public Welfare Organization; Powers and Duties
Title 6-A. Establishment of Paternity and Enforcement of Support

§ 111-b. Functions, powers and duties of the department. 1. The single

organizational unit within the department shall be responsible for the

supervision of the activities of state and local officials relating to

establishment of paternity of children born out-of-wedlock, location of

absent parents and enforcement of support obligations of legally

responsible relatives to contribute for the support of their dependents.

2. The department is hereby authorized to accept, on behalf of the

state and the social services districts concerned, assignments of

support rights owed to persons receiving (i) aid to dependent children

pursuant to title ten of article five of this chapter or, (ii) where

appropriate, foster care maintenance payments made pursuant to title

IV-E of the federal social security act; provided however, that it will

not be appropriate where such requirement will have a negative impact

upon the health, safety or welfare of such child or other individuals in

the household or impair the likelihood of the child returning to his or

her family when discharged from foster care or, (iii) home relief

pursuant to title three of article five of this chapter. Notwithstanding

any inconsistent provisions of title six of this article or any other

provisions of law, the department may enforce such assigned support

rights either directly, through social services officials or, if there

is in effect an approved agreement between the social services official

and another governmental agency, through such other agency. In any

proceeding to enforce such assignment, the official bringing such

proceeding shall have the same rights as if the proceeding were being

brought to enforce section four hundred fifteen of the family court act.

2-a. The department shall prepare a notice which shall be distributed

by social services officials to persons who may be required to assign

support rights which notice shall explain the rights and obligations

that may result from the establishment of paternity and the right of the

assignor to be kept informed, upon request, of the time, date and place

of any proceedings involving the assignor and such other information as

the department believes is pertinent. The notice shall state that the

attorney initiating the proceeding represents the department.

3. In appropriate cases, the department is authorized to utilize

support enforcement and collection and location services made available

through the secretary of health and human services, including the

services of federal courts, the federal parent locator service, the

federal case registry of child support orders, the national directory of

new hires, and the treasury department, if and so long as authorized and

required by federal law.

4. The department shall maintain and operate a parent locator service

with respect to cases being provided services pursuant to this title.

To effectuate the purposes of this subdivision, the commissioner shall

request and receive from the departments, authorities, boards, bureaus,

commissions, corporations, councils, funds, offices, or other agencies

of the state, or any of its political subdivisions, and all such

organizational entities of the state and social services districts are

hereby directed, to provide and the political subdivisions are hereby

authorized to provide, such assistance and data as will enable the

department and social services districts to properly carry out their

powers and duties to locate such parents and to enforce their liability

for the support of their children. Any records established pursuant to

the provisions of this section shall be available only to the secretary

of health and human services, office of the inspector general, social

services districts, district attorneys, county attorneys, corporation

counsels, and courts having jurisdiction in any proceeding under article

four, five, five-A, or five-B of the family court act; provided,

however, no organizational entity of the state need make available any

data or information which is otherwise required by statute to be

maintained in a confidential manner.

4-a. (a) The department shall maintain and operate a state case

registry that contains records with respect to:

(1) each case receiving services pursuant to this title; and

(2) each support order established or modified in the state on or

after the first day of October, nineteen hundred ninety-eight.

(b) For the purpose of subparagraph two of paragraph (a) of this

subdivision, the term support order means a judgment, decree, or order,

whether temporary, final, or subject to modification, issued by a court

or an administrative agency of competent jurisdiction, including any

adjusted order issued by a support collection unit, for the support and

maintenance of a child, including a child who has attained the age of

majority under the law of the issuing state, or a child and the parent

with whom the child is living, which provides for monetary support,

health care, arrearages, or reimbursement, and which may include related

costs and fees, interest and penalties, income withholding, attorney's

fees, and other relief.

described in subparagraph one of paragraph (a) of this subdivision for

which a support order has been established shall include a record of:

(1) the amount of monthly (or other periodic) support owed under the

order, and other amounts (including arrearages, interest or late payment

penalties, and fees) due or overdue under the order;

(2) any amount described in subparagraph one of this paragraph that

has been collected;

(3) the distribution of such collected amounts;

(4) the birth date of any child for whom the order requires the

provision of support; and

(5) the amount of any lien imposed with respect to the order pursuant

to section one hundred eleven-u of this article.

(d) The department shall update and monitor each case record in the

state registry described in subparagraph one of paragraph (a) of this

subdivision on the basis of:

(1) information on administrative actions and administrative and

judicial proceedings and orders relating to paternity and support;

(2) information obtained from comparison with federal, state or local

sources of information;

(3) information on support collections and distributions; and

(4) any other relevant information.

(e) Information maintained as part of the state case registry shall be

made available to other state and federal agencies as provided for in

federal statutes and regulations promulgated by the federal secretary of

health and human services.

5. (a) There shall be established for each state fiscal year a

statewide child support collections goal for amounts of collections of

support obligations pursuant to this title, which goal shall be set

forth in that portion of the state's local assistance budget intended

for the appropriation of reimbursement to social services districts

pursuant to this chapter. The commissioner shall, subject to the

approval of the director of the budget, annually allocate a portion of

the statewide goal to each social services district, which portion shall

be based upon the district's portion of the statewide aid to dependent

children program and other relevant factors.

(b) Notwithstanding any inconsistent provision of section one hundred

fifty-three of this chapter, for each social services district which

fails to meet its portion of the collection goal established by this

section, the commissioner shall deny state reimbursement for such

district's expenditures for aid to dependent children, in an amount

equal to the difference between the amount of non-federal funds such

district is required to repay to the state out of collections actually

made and the amount of non-federal funds such district would have been

required to repay to the state had it met its collection goal.

failed to meet its portion of the collection goal may request a

redetermination by the commissioner or his designee in a manner to be

established by department regulations. Upon a showing by such district

that such failure was due in whole or in part to factors other than

those administrative and processing functions or organizations which are

subject to the jurisdiction of such district's local legislative body,

the commissioner shall waive such failure in whole or in part and shall

restore all or a corresponding portion of any state reimbursement

previously denied pursuant to this section.

(d) For purposes of determining the amount of child support

collections which are attributable toward meeting a district's portion

of the statewide collections goal, any amounts collected by one social

services district on behalf of another shall be credited to the district

to which support payments have been assigned. Support payments collected

on behalf of another state or on behalf of persons not in receipt of aid

to dependent children shall not be taken into consideration in

determining whether such district has met its goal.

(e) The department may for purposes of administrative convenience set

monthly or quarterly goals based upon each district's annual goal and

may deny reimbursement on a monthly or quarterly basis, subject to a

final adjustment at the end of each year reflecting the extent to which

each such district has met its portion of the statewide annual goal.

6. When the commissioner has determined that a social services

district has failed to meet its portion of the statewide child support

collections goal, as determined in accordance with the provisions of

subdivision five of this section, or has failed to comply with the

applicable provisions of federal law and regulations, he shall notify

such district and the appropriate local legislative body of such

determination and may promulgate any regulations he determines are

necessary to improve such district's organization, administration,

management or program. Such regulations shall be fully complied with by

the effective date of such regulations.

7. The department, through the commissioner, shall enter into the

agreement provided for in section one hundred seventy-one-c of the tax

law and is authorized to furnish to the commissioner of taxation and

finance and the state tax commission such information and to take such

other actions as may be necessary to carry out the agreement provided

for in such section, for the crediting of overpayments of tax to

past-due support which is owed to persons receiving services pursuant to

this title and title six-B of this article. A person receiving services

under this title shall receive a pro rata share of the overpayment of

tax, based on the amount of past-due support owed to such person as

certified to the tax commission by the department pursuant to section

one hundred seventy-one-c of the tax law, in cases where the individual,

estate or trust owing past-due support to such person owes past-due

support to other persons or entities so certified to the tax commission

by the department. Amounts certified to the state tax commission under

such agreement may include amounts specified in subdivision eight of

this section. The amount paid by the state comptroller to the department

pursuant to subdivision one of section one hundred seventy-one-c of the

tax law shall be distributed in accordance with applicable provisions of

this chapter and the department's regulations. To the extent permitted

by federal law, the department may also certify amounts to the federal

department of health and human services for tax interception to the same

extent as it certifies amounts pursuant to such section of the tax law.

The department shall by regulation establish procedures by which any

individual, estate or trust which is the subject of a certification to

the state tax commission in accordance with such agreement may contest

such certification based on defenses that are not subject to family

court jurisdiction. Such regulations and the notice required by

subdivision four of section one hundred seventy-one-c of the tax law

shall set forth defenses which may be available to the individual,

estate or trust to contest such certification, and the manner in which a

review of the certification based on such defenses may be obtained.

8. (a) Amounts certified to the state tax commission under the

agreement described in subdivision seven of this section for persons who

are receiving services pursuant to this title may include:

(i) amounts representing delinquencies which have accrued under a

court order of support;

(ii) with respect to any court order of support made before September

first, nineteen hundred eighty-four which provided for periodic payments

toward an established arrears amount, the entire amount of such arrears

where the respondent is, at any time after September first, nineteen

hundred eighty-four, delinquent in making such periodic payments; and

(iii) with respect to any court order of support made on or after

September first, nineteen hundred eighty-four which establishes an

arrears amount, the entire amount of such arrears, unless such order

includes a finding that anticipated tax refunds pursuant to the most

recently filed state and federal tax returns have been considered by the

court and taken into account in determining the amount of periodic

payments to be made toward the arrears amount, or in determining the

amount of the current support order, and expressly provides that such

arrears are not to be so certified.

(b) For the purpose of the state child support program any payment

made by a respondent which is insufficient to fully satisfy both a

current court order of support and a periodic payment toward the balance

of any arrears amount established by court order shall be first applied

toward the current order of support or any delinquency thereon and then

toward the periodic payment on any arrears amount established by court

order unless otherwise required by federal regulation.

* 10. (a) The department, through the commissioner, shall enter into

the agreement provided for in section sixteen hundred thirteen-a of the

tax law and is authorized to furnish to the director of the lottery and

the division of the lottery such information and to take such other

actions as may be necessary to carry out the provisions of the agreement

provided for in such section, for the crediting of lottery prizes of six

hundred dollars or more to past-due support which is owed to persons

receiving services pursuant to this title. A person receiving services

under this title shall receive a pro rata share of the prize winning

based on the amount of past-due support owed to such person as provided

to the division of the lottery by the department pursuant to section

sixteen hundred thirteen-a of the tax law, in cases where the

individual, estate or trust owing past-due support to such person owes

past-due support to other persons or entities so provided to the

division of the lottery by the department. Amounts provided to the

division of the lottery under such agreement may include amounts

specified in this subdivision. The amount paid by the state comptroller

to the department pursuant to subdivision one of section sixteen hundred

thirteen-a of the tax law shall be distributed in accordance with

applicable provisions of this chapter and the department's regulations.

(b) The department shall by regulation establish procedures by which

any individual, estate or trust which is the subject of crediting of any

lottery prize of six hundred dollars or more to the state division of

the lottery in accordance with such agreement may contest such crediting

based on defenses that are not subject to family court jurisdiction.

Such regulations shall require that notice be given to the individual,

estate or trust which shall set forth:

(i) defenses which may be available to the individual, estate or trust

to contest such crediting;

(ii) the manner in which a review of the crediting of lottery prizes

of six hundred dollars or more based on such defenses may be obtained;

(iii) the address and telephone number of the local department of

social services' support collection unit which may be contacted with

respect to correction of any error in such crediting concerning such

individual's, estate's or trust's liability for past-due support or with

respect to payment of such liability; and

(iv) the time frame by which such a defense must be made.

* NB There are 2 sb 10's

* 10. The commissioner must review the child support standards act at

least once every four years to ensure that its application results in

the determination of appropriate child support amounts. As part of such

review, the commissioner must consider economic data on the cost of

raising children and analyze case data, gathered through sampling or

other methods, on the application of, and deviations from the basic

child support obligation. The analysis of the data must be used to

ensure that such deviations are limited and, if appropriate, necessary

revisions to the child support standards act must be submitted to the

legislature to accomplish such purpose.

* NB There are 2 sb 10's

11. (a) Amounts certified to the division of the lottery under the

agreement described in subdivision ten of this section for persons who

are receiving services pursuant to this title may include:

(i) amounts representing delinquencies which have accrued under a

court order of support;

(ii) with respect to any court order of support made which establishes

an arrears amount, the entire amount of such arrears.

(b) For the purpose of the state child support program any payment

made by a respondent which is insufficient to fully satisfy both a

current court order of support and a periodic payment toward the balance

of any arrears amount established by court order shall be first applied

toward the current order of support or any delinquency thereon and then

toward the periodic payment on any arrears amount established by court

order unless otherwise required by federal regulation.

* 12. (a) The department, through the commissioner, shall enter into

the agreement provided for in section five hundred ten of the vehicle

and traffic law and is authorized to furnish to the commissioner of

motor vehicles such information and to take such actions as may be

necessary to carry out the agreement provided for in such section, for

the enforcement of child support orders through the suspension of

delinquent obligors' driving privileges.

(b) (1) When a support obligor who is or was under a court order to

pay child support or combined child and spousal support to a support

collection unit on behalf of persons receiving services under this title

has accumulated support arrears equivalent to or greater than the amount

of support due pursuant to such order for a period of four months, the

office of temporary and disability assistance shall notify the support

obligor in writing that his or her continued failure to pay the support

arrears shall result in notification to the department of motor vehicles

to suspend the support obligor's driving privileges unless the support

obligor complies with the requirements set forth in paragraph (e) of

this subdivision. For purposes of determining whether a support obligor

has accumulated support arrears equivalent to or greater than the amount

of support due for a period of four months, the amount of any

retroactive support, other than periodic payments of retroactive support

which are past due, shall not be included in the calculation of support

arrears pursuant to this section; however, if at least four months of

support arrears have accumulated subsequent to the date of the court

order, the entire amount of any retroactive support may be collected

pursuant to the provisions of this subdivision or as otherwise

authorized by law.

(2) The department shall provide the notice required by subparagraph

one of this paragraph by first class mail to the support obligor's last

known address or such other place where the support obligor is likely to

receive notice, or in the same manner as a summons may be served.

Forty-five days after the date of such notice, if the support obligor

has not challenged the determination of the support collection unit

pursuant to subparagraph one of paragraph (d) of this subdivision or if

the support obligor has failed to satisfy the arrears/past due support

or to otherwise comply with the requirements set forth in paragraph (e)

of this subdivision, the department shall notify the department of motor

vehicles that the support obligor's driving privileges are to be

suspended pursuant to section five hundred ten of the vehicle and

traffic law. Upon the support obligor's compliance with the provisions

of paragraph (e) of this subdivision, the department shall advise the

department of motor vehicles within five business days that the

suspension of the support obligor's driving privileges shall be

terminated. If the support obligor appears in person at the support

collection unit to satisfy the requirements of paragraph (e) of this

subdivision, the support collection unit shall immediately provide a

notice of compliance to the support obligor, in addition to the notice

sent directly to the department of motor vehicles.

(3) Notwithstanding the requirements of this subdivision, no notice

shall be issued by the department pursuant to subparagraph one of this

paragraph to a support obligor from whom support payments are being

received by the support collection unit as a result of an income

execution or an income deduction order issued pursuant to section five

thousand two hundred forty-one or five thousand two hundred forty-two of

the civil practice law and rules.

pursuant to paragraph (b) of this subdivision shall contain the caption

of the order of support, the date the order of support was entered, the

court in which it was entered, the amount of the periodic payments

directed, and the amount of arrears/past due support. In addition, the

notice shall include:

(1) an explanation of the action required pursuant to paragraph (e) of

this subdivision to be taken by the support obligor to avoid the

suspension of his or her driving privileges;

(2) a statement that forty-five days after the date of the notice, the

department of motor vehicles will be notified to suspend the support

obligor's driving privileges unless the support obligor may challenge

the support collection unit's determination as set forth in paragraph

(d) of this subdivision within forty-five days of the date of such

notice; a statement of the manner in which the support obligor may

challenge the determination, and a statement that if the support obligor

challenges the determination, a review will be completed by the support

collection unit within seventy-five days of the date of the notice;

(3) a statement that if the support obligor does not challenge the

support collection unit's determination then the department of motor

vehicles shall be notified to suspend the support obligor's driving

privileges unless the support obligor contacts the support collection

unit to arrange for full payment or commencement of satisfactory payment

arrangements on the arrears/past due support, or to comply otherwise

with the requirements set forth in paragraph (e) of this subdivision,

within forty-five days of the date of the notice;

(4) the address and telephone number of the support collection unit

that the support obligor may contact to request information about a

challenge or to comply with the requirements set forth in paragraph (e)

of this subdivision;

(5) a statement that the suspension of driving privileges will

continue until the support obligor pays the support arrears or complies

otherwise with the requirements set forth in paragraph (e) of this

subdivision; and

(6) a statement printed in boldface type that the support obligor's

intentional submission of false written statements to the support

collection unit for the purpose of frustrating or defeating the lawful

enforcement of support obligations is punishable pursuant to section

175.35 of the penal law.

(d) (1) A support obligor may challenge in writing the correctness of

the determination of the support collection unit that the obligor's

driving privileges should be suspended, and in support of the challenge

may submit documentation demonstrating mistaken identity, error in

calculation of arrears, financial exemption from license suspension

pursuant to the conditions enumerated in paragraph (e) of this

subdivision, the absence of an underlying court order to support such

determination, or other reason that the person is not subject to such

determination. Such documents may include but are not limited to a copy

of the order of support pursuant to which the obligor claims to have

made payment, other relevant court orders, copies of cancelled checks,

receipts for support payments, pay stubs or other documents identifying

wage withholding, and proof of identity. The support collection unit

shall review the documentation submitted by the support obligor, shall

adjust the support obligor's account if appropriate, and shall notify

the support obligor of the results of the review initiated in response

to the challenge within seventy-five days from the date of the notice

required by paragraph (b) of this subdivision. If the support collection

unit's review indicates that the determination to suspend driving

privileges was correct, the support collection unit shall notify the

support obligor of the results of the review and that the support

obligor has thirty-five days from the date of mailing of such notice to

satisfy the full amount of the arrears or commence payment of the

arrears/past due support as specified in paragraph (e) of this

subdivision and if the support obligor fails to do so, the support

collection unit shall notify the department of motor vehicles to suspend

the support obligor's driving privileges pursuant to section five

hundred ten of the vehicle and traffic law. The support obligor shall be

further notified that if the support obligor files objections with the

family court and serves these objections on the support collection unit

within thirty-five days from the date of mailing of the notice denying

the challenge pursuant to subdivision five of section four hundred

fifty-four of the family court act, the support collection unit shall

not notify the department of motor vehicles to suspend the support

obligor's driving privileges until fifteen days after entry of judgement

by the family court denying the objections.

(2) A support obligor may within thirty-five days of mailing of the

notice denying his or her challenge by the support collection unit

request that the family court review the support collection unit's

determination pursuant to subdivision five of section four hundred

fifty-four of the family court act. If the support obligor requests the

family court to review the determination of the support collection unit,

the support collection unit shall not notify the department of motor

vehicles to suspend the support obligor's driving privileges until

fifteen days after mailing of a copy of the judgment by the family court

to the support obligor denying the objections.

(e) A support obligor who has received a notice that his or her

driving privileges shall be suspended may avoid the suspension by:

(1) making full payment of all arrears/past due support to the support

collection unit; or

(2) making satisfactory payment arrangements with the support

collection unit for payment of the arrears/past due support and the

current support obligation. "Satisfactory payment arrangements" shall

mean:

(i) execution of a confession of judgment for the total balance of the

arrears/past due support; and

(ii) execution of a verified statement of net worth on a form

prescribed by the commissioner setting forth the obligor's income from

all sources, liquid assets and holdings, copies of the obligor's drivers

license, most recent federal and state tax return, and a representative

pay stub, and an eighteen month employment history; and

(iii) execution and verification of a stipulation that the obligor

will notify the support collection unit of all future changes of address

until such time as the obligation to pay support is terminated; and

(iv) payment of support to the support collection unit by income

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

civil practice law and rules, which shall include deductions sufficient

to ensure compliance with the direction in the order of support and

shall include an additional amount to be applied to the reduction of

arrears as required by subdivision (b) of such section, or by execution

of an agreement for payment of the arrears/past due support and any

current support directly to the support collection unit in an amount

which is consistent with that which would have been made under such an

income execution; provided however, that where the support obligor fails

to comply with the agreement, he/she may avoid or terminate the

suspension of driving privileges only by making at least fifty percent

payment of all arrears/past due support to the support collection unit

and in addition, entering into a payment plan pursuant to this

subdivision with the support collection unit within fifteen days.

However, in any case when the support obligor fails to comply with a

payment plan as described herein more than once within twelve months,

the obligor must pay the balance of all arrears/past due support to

avoid or terminate license suspension. "Failure to comply" for these

purposes shall mean missing payments in an amount equivalent to four

months of support under the payment plan, unless the support obligor

demonstrates that he or she has filed a petition for modification that

is pending; or

(3) providing documentation that shows the support obligor is

receiving public assistance or supplemental security income; or

(4) providing to the support collection unit the documentation

required by clauses (i) through (iii) of subparagraph two of this

paragraph, where such documentation is sufficient for the support

collection unit to determine:

(i) that the support obligor's income, as defined by subparagraph five

of paragraph (b) of subdivision one of section four hundred thirteen of

the family court act, falls below the self-support reserve as defined by

subparagraph six of paragraph (b) of subdivision one of section four

hundred thirteen of the family court act; or

(ii) that the amount of the support obligor's income, as defined by

subparagraph five of paragraph (b) of subdivision one of section four

hundred thirteen of the family court act, remaining after the payment of

the current support obligation would fall below the self-support reserve

as defined by subparagraph six of paragraph (b) of subdivision one of

section four hundred thirteen of the family court act.

(f) A support obligor who alleges that he or she has not received

actual notice pursuant to paragraph one of subdivision (b) of this

section and whose driving privileges were suspended may at any time

request a review pursuant to subdivision (d) of this section or comply

with the requirements of subdivision (e) of this section, and upon a

determination that he or she has not accumulated support arrears

equivalent to or greater than the amount of support due for a period of

four months or that he or she meets the requirements of subdivision (e)

of this section, the department shall notify the department of motor

vehicles that the suspension of driving privileges shall be terminated.

* NB Repealed August 31, 2027

13. (a) The commissioner shall enter into the agreement provided for

in section one hundred seventy-one-g of the tax law and is authorized to

furnish to the commissioner of taxation and finance any information, and

to take such other actions, as may be necessary to carry out the

agreement provided for in such section, for the purpose of reviewing

support orders pursuant to subdivision twelve of section one hundred

eleven-h of this title.

(b) Information obtained under paragraph (a) of this subdivision shall

be confidential and shall not be disclosed to persons or agencies other

than those entitled to such information when such disclosure is

necessary for the proper administration of the child support enforcement

program pursuant to this title.

14. For purposes of this subdivision, the department or, pursuant to

contract, a fiscal agent is authorized to collect and disburse any

support paid pursuant to any order of child support or combined child

and spousal support issued on or after the first day of January,

nineteen hundred ninety-four under the provisions of section two hundred

thirty-six or two hundred forty of the domestic relations law, or

article four, five, five-A or five-B of the family court act, and which

the court has ordered to be paid pursuant to an income execution issued

by the sheriff, the clerk of the court, or the attorney for the creditor

pursuant to subdivision (c) of section five thousand two hundred

forty-one of the civil practice law and rules or an income deduction

order issued by the court pursuant to subdivision (c) of section five

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

support received shall be disbursed within two business days of receipt.

The department shall maintain records of its collection and disbursement

of such support and furnish such records to the parties to the order

upon request. The department shall be entitled to collect an annual

service fee not to exceed the maximum fee permitted pursuant to federal

law for its provision of such services. Funds received in satisfaction

of such fee shall be deposited in an account and shall be made available

to the department for costs incurred in the implementation of this

section. The department shall not furnish any additional services to the

parties; however, a party seeking child support services may apply for

such services pursuant to section one hundred eleven-g of this title.

The department shall not be responsible for the collection and

disbursement of any support until after it has received a copy of the

income execution from the sheriff, the clerk of the court, or the

attorney for the creditor or a copy of the income deduction order issued

by the court and the person entitled to the payment of support pursuant

to the order of support has submitted payment of the annual service fee

if any, and unless its records show that it has received such support on

behalf of the parties to the order, and that the party to whom the funds

are to be disbursed has provided the department with any address

changes.

15. (a) The department, through the commissioner, shall enter into the

agreement provided for in section one hundred seventy-one-i of the tax

law and is authorized to furnish to the commissioner of taxation and

finance such information and to take such other actions as may be

necessary to carry out such agreement.

(b) (1) When a support obligor who is or was under a court order to

pay child support or combined child and spousal support to a support

collection unit on behalf of persons receiving services under this title

has accumulated support arrears equivalent to or greater than the amount

of support due pursuant to such order for a period of four months, the

office of temporary and disability assistance shall notify the support

obligor in writing that his or her continued failure to fully pay the

support arrears shall result in notification to the department of

taxation and finance that they are authorized to collect such arrearage.

For purposes of determining whether a support obligor has accumulated

support arrears equivalent to or greater than the amount of support due

for a period of four months, the amount of any retroactive support,

other than periodic payments of retroactive support which are past due,

shall not be included in the calculation of support arrears pursuant to

this section; however, if at least four months of support arrears have

accumulated subsequent to the date of the court order, the entire amount

of any retroactive support may be collected pursuant to the provisions

of this subdivision or as otherwise authorized by law.

(2) The department shall provide the notice required by subparagraph

one of this paragraph by first class mail to the support obligor's last

known address or such other place where the support obligor is likely to

receive notice by first class mail. Forty-five days after the date of

such notice, if the support obligor has not challenged the determination

of the support collection unit pursuant to subparagraph one of paragraph

(d) of this subdivision or if the support obligor has failed to satisfy

the arrears, the department shall notify the department of taxation and

finance that the support obligor's support arrearage are authorized to

be collected as prescribed in subparagraph one of this paragraph.

(3) Notwithstanding the requirements of this subdivision, no notice

shall be issued by the department pursuant to subparagraph one of this

paragraph to a support obligor from whom support payments are being

received by the support collection unit as a result of an income

execution or an income deduction order issued pursuant to section five

thousand two hundred forty-one or five thousand two hundred forty-two of

the civil practice law and rules.

pursuant to paragraph (b) of this subdivision shall contain the caption

of the order of support, the date the order of support was entered, the

court in which it was entered, the amount of the periodic payments

directed, and the amount of arrears. In addition, the notice shall

include:

(1) a statement that unless the support arrears are satisfied within

forty-five days after the date of the notice, the department of taxation

and finance will be notified that they are authorized to commence

collection action unless the support obligor challenges the support

collection unit's determination as set forth in paragraph (d) of this

subdivision within forty-five days of the date of such notice; a

statement of the manner in which the support obligor may challenge the

determination, and a statement that if the support obligor challenges

the determination, a review will be completed by the support collection

unit within seventy-five days of the date of the notice;

(2) a statement that if the support obligor does not challenge the

support collection unit's determination then the department of taxation

and finance shall be notified that they are authorized to commence

collection action unless the support obligor contacts the support

collection unit to arrange for full payment of the arrears;

(3) the address and telephone number of the support collection unit

that the support obligor may contact to request information about a

challenge to the determination of the support collection unit;

(4) a statement that the collection actions by the department of

taxation and finance is authorized to continue until the support obligor

pays the support arrears; and

(5) a statement printed in boldface type that the support obligor's

intentional submission of false written statements to the support

collection unit for the purpose of frustrating or defeating the lawful

enforcement of support obligations is punishable pursuant to section

175.35 of the penal law.

(d) A support obligor who has received a notice that his or her

support arrearage shall be referred to the department of taxation and

finance for collection action may avoid such action by making payment of

all arrears to the support collection unit; providing documentation that

shows the support obligor is receiving public assistance, medical

assistance, food stamps or supplemental security income; or providing to

the support collection unit the documentation sufficient for the support

collection unit to determine:

(1) an error in the calculation of the obligor's support arrears which

would render the obligor ineligible for collection by the department of

taxation and finance; or

(2) a mistake in the identity of the obligor showing that the

individual making the challenge is not the obligor identified by the

department; or

(3) the absence of an underlying court order for support pursuant to

which the obligor's arrears gave rise to eligibility for collection

action on such arrears by the department of taxation and finance.

16. Bureaus of special hearings; child support unit. (a) The

department is authorized to establish a bureau of special hearings;

child support unit solely for the purposes of providing administrative

law judges to decide objections to the determination of a support

collection unit to refer an obligor's arrears to the department of

taxation and finance for collection pursuant to subdivision nineteen of

section one hundred eleven-h of this title. The administrative law

judges employed by the unit shall serve exclusively within the unit and

shall not be utilized for any purpose other than those described in this

subdivision and shall be salaried employees of the department and shall

not be removed from such unit except for cause.

(b) The unit shall review a support collection unit's denial of a

challenge made by a support obligor pursuant to paragraph two of

subdivision nineteen of section one hundred eleven-h of this title if

objections thereto are filed by a support obligor who has received

notice that the department intends to notify the department of taxation

and finance to collect such support obligor's support arrears. Specific

written objections to a support collection unit's denial must be

submitted by the support obligor to the unit within thirty days of the

date of the notice of the support collection unit's denial. A support

obligor who files such objections shall serve a copy of the objections

upon the support collection unit, which shall have ten days from such

service to file a written rebuttal to such objections and a copy of the

record upon which the support collection unit's denial was made,

including all documentation submitted by the support obligor. Proof of

service shall be filed with the unit at the time of filing of objections

and any rebuttal. The unit's review shall be based solely upon the

record and submissions of the support obligor and the support collection

unit upon which the support collection unit's denial was made. Within

fifteen days after the rebuttal, if any, is filed, an administrative law

judge of the unit shall (i) deny the objections and remand to the

support collection unit or (ii) affirm the objections if the

administrative law judge finds the determination of the support

collection unit is based upon an erroneous determination of fact by the

support collection unit. Such decision shall pertain solely to the

mistaken identity of the obligor, a prejudicial error in the calculation

of the obligor's arrears, the obligor's financial exemption from

collection of support arrears by the department of taxation and finance

or the absence of an underlying court order establishing arrears to

support eligibility for such enforcement. Upon an affirmation of the

objections the administrative law judge shall direct the support

collection unit not to notify the department of taxation and finance of

their authority to collect the support obligor's arrears. Provisions set

forth in this subdivision relating to procedures for hearing objections

by the unit shall apply solely to such cases and not affect or modify

any other procedure for review or appeal of administrative enforcement

of child support requirements. The decision of the administrative law

judge pursuant to this section shall be final and not reviewable by the

commissioner, and shall be reviewable only pursuant to article

seventy-eight of the civil practice law and rules.

17. Special services for review and adjustment. The department shall

develop procedures for and require local social services districts to

dedicate special staff to the review and adjustment of child support

orders entered prior to September fifteenth, nineteen hundred

eighty-nine on behalf of children in receipt of public assistance or

child support services pursuant to section one hundred eleven-g of this

title. Such review and adjustment shall be performed pursuant to

subdivisions twelve, thirteen, fourteen, fifteen and sixteen of section

one hundred eleven-h of this title. All such cases shall be reviewed and

if necessary adjusted no later than December thirty-first, two thousand.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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