NY Soc Serv L § 111-H (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-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.