NY Soc Serv L § 111-B (2021)
2021 New York Laws SOS - Social Services 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.

§ 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, 2023   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.