N.Y. Social Services Law § 111-h: Support collection unit

§ 111-h. Support collection unit. 1. Each social services district

shall establish a support collection unit in accordance with regulations

of the department to collect, account for and disburse funds paid

pursuant to any order of child support or child and spousal support

issued 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; provided however, that the

department, subject to availability of funds, shall furnish centralized

collection and disbursement services for and on behalf of each social

services district. Until such time as the department performs collection

and disbursement functions for a particular social services district,

that social services district shall continue to perform those functions.

* 2. The support collection unit shall inform the petitioner and

respondent of any case in which a required payment has not been made

within two weeks after it was due and shall assist in securing voluntary

compliance with such orders or in preparation and submission of a

petition for a violation of a support order. Upon the written request of

the debtor, the support collection unit shall issue an income execution

as provided in section fifty-two hundred forty-one of the civil practice

law and rules, except that the provisions of subdivisions (d) and (e)

thereof shall not apply. Upon receipt of written revocation of such

request, the support collection unit shall notify the employer or income

payor that the levy is no longer effective, and the execution shall be

returned.

* NB There are 2 sb 2's

* 2. The support collection unit shall establish a system that will

allow it to inform the petitioner and respondent of any case in which a

required payment has not been made within two weeks after it was due and

to assist in securing voluntary compliance with such orders or in

preparation and submission of a petition for a violation of a support

order, and shall implement such system no later than July first,

nineteen hundred seventy-eight based on a plan submitted to and approved

by the department on or before December first, nineteen hundred

seventy-seven.

* NB Expired January 1, 1978 (There are 2 sb 2's)

3. The support collection unit shall require that a person applying

for child support enforcement services provide his or her name, address

and social security number and disclose whether he or she is in receipt

of safety net assistance or family assistance; provided, however, that a

social security number may be required only where permitted under

federal law.

4. Any and all moneys paid into the support collection unit pursuant

to an order of support made under the family court act or the domestic

relations law, where the petitioner is not a recipient of public

assistance, shall upon payment into such support collection unit be

deemed for all purposes to be the property of the person for whom such

money is to be paid.

5. Except as provided in subdivision six of this section, any funds

paid to a support collection unit established by a social services

district which have not been disbursed after two years of diligent

efforts to locate the person entitled to such funds shall be paid to the

state comptroller in accordance with subdivision seven of this section

unless information has been received that is likely to lead to the

location of the person who is entitled to such funds; provided, however,

where the support collection unit determines that the person entitled to

the funds is deceased and cannot locate an estate for the person

entitled to the funds, or the estate does not claim the funds, such

funds may be paid to the state comptroller in accordance with

subdivision seven of this section without two years of diligent efforts.

6. Any funds paid to a support collection unit established by a social

services district for which the remitter of such funds has not provided

sufficient identifying information to associate the funds with an

existing or previously existing child support account, and such

information cannot be determined after diligent efforts, shall be paid

to the state comptroller in accordance with subdivision seven of this

section.

7. In the month of April, on or before the tenth day thereof, such

payment shall be delivered to the state comptroller pursuant to section

thirteen hundred eighteen of the abandoned property law, and shall be

accompanied by a written report, affirmed as true and accurate under the

penalty of perjury, classified as the state comptroller shall prescribe,

setting forth: (a) the names and last known addresses, if any, of the

persons entitled to receive such abandoned property; (b) the title of

any proceeding relating to such abandoned property; and (c) such other

identifying information as the state comptroller may require.

8. Banks and other fiduciary institutions are authorized and required

to report to the support collection unit, when so requested, full

information relative to any fund therein deposited by a petitioner or

respondent in a proceeding under section two hundred thirty-six or two

hundred forty of the domestic relations law or article five-B of the

family court act, where there is an order of support payable through the

support collection unit or article four, five or five-A of the family

court act.

9. Employers are authorized and required to report to the support

collection unit, when so requested, full information as to the earnings

of a petitioner or respondent in a proceeding under section two hundred

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

five-B of the family court act, where there is an order of support

payable through the support collection unit or article four, five,

five-A or five-B of the family court act. Employers also are authorized

and required to report to the support collection unit, when so

requested, information relating to any group health plans available for

the provision of care or other medical benefits by insurance or

otherwise for the benefit of the employee and/or the child or children

for whom such parties are legally responsible for support.

10. The support collection unit is authorized and required to report

to the family court, when so requested, full information relative to

amounts paid or any arrearages by a respondent in a proceeding under

articles four, five, five-A or article five-B of the family court act.

11. The department may provide for the performance of the collection

and disbursement functions of the support collection units by contract

with a fiscal agent. For purposes of any reference to support collection

unit in this chapter or any other law, the fiscal agent under contract

with the department shall be deemed to be part of all support collection

units for which the fiscal agent performs collection and disbursement

functions.

12. The support collection unit shall undertake a public service

campaign as soon as practicable to inform citizens of the possibility of

driver, business and professional license suspension for support

enforcement.

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

the determination of the support collection unit pursuant to this

section and section one hundred seventy-one-i of the tax law that the

obligor's arrearage should be collected through the department of

taxation and finance, and in support of the challenge may submit

documentation demonstrating mistaken identity, error in calculation of

arrears, financial exemption from such collection, the absence of an

underlying court order establishing arrears to support such

determination. Such documents may include 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,

proof of identity, and like documents. 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. If the support collection unit's review indicates that the

determination to refer to the department of taxation and finance for

collection was correct, the support collection unit shall notify the

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

obligor has thirty days from the date of such notice to satisfy the full

amount of the arrears. If the support obligor fails to do so, the

support collection unit shall notify the department of taxation and

finance that they are authorized to commence collection of the arrears.

The support obligor shall be further notified that if the support

obligor files objections to the review determination of the support

collection unit with the bureau of special hearings; child support unit

of the department pursuant to subdivision sixteen of section one hundred

eleven-b of this title, and serves these objections on the support

collection unit within thirty days from the date of notice denying the

challenge, the support collection unit shall not notify the department

of taxation and finance of their authority to collect the arrearages

until fifteen days after receipt of a decision by the administrative law

judge pursuant to such section.

(2) A support obligor may within thirty days of the date of notice

denying his or her challenge by the support collection unit file

objections to such denial with the bureau of special hearings; child

support unit of the department which shall review the support collection

unit's determination to refer the obligor's case to the department of

taxation and finance for collection pursuant to subdivision sixteen of

section one hundred eleven-b of this title. If the support obligor

timely files such objections with such bureau the support collection

unit shall not notify the department of taxation and finance of their

authority to collect the arrearages until fifteen days after entry of an

order by the administrative law judge denying the objections.

14. If the support obligor is required to participate in work programs

pursuant to section four hundred thirty-seven-a of the family court act,

and the court enters an order of support on behalf of the persons in

receipt of public assistance, the support collection unit shall not file

a petition to increase the support obligation for twelve months from the

date of entry of the order of support if the support obligor's income is

derived from participation in such programs.