NY Tax L § 1613-A (2021)
2021 New York Laws TAX - Tax Article 34 - New York State Lottery for Education 1613-A - Crediting of Lottery Prizes Against Past-Due Support.

§  1613-a.  Crediting  of lottery prizes against past-due support. (1) The director of the lottery, on behalf of the division of  the  lottery, shall enter into a written agreement with the commissioner of the office of temporary and disability assistance, on behalf of the state office of temporary   and   disability  assistance,  which  shall  set  forth  the procedures for crediting any lottery prize of  six  hundred  dollars  or more  awarded to an individual, estate or trust against past-due support owed by such individual, estate or trust of which the  director  of  the lottery has been notified by the commissioner of the office of temporary and disability assistance pursuant to the provisions of such agreement.  (2)  Such  agreement  shall apply to past-due support which is owed to persons or entities entitled to enforce an order of support with respect to persons receiving services pursuant to title six-A of  article  three of  the  social services law. For purposes of this section, an "order of support" means any final order, decree  or  judgment  in  a  matrimonial action  or family court proceeding, or any foreign support order, decree or judgment which is registered pursuant to article five-B of the family court act, which requires the payment of alimony,  maintenance,  support or child support. For purposes of this section, "past-due support" means the  amount  of  a  delinquency  determined  from an order of support no longer subject to appellate judicial review.  (3) Such agreement shall include:  (a) the procedure under  which  the  state  office  of  temporary  and disability  assistance  shall  notify  the  division  of  the lottery of liability for past-due support,  such  procedure  to  specify  when  the division  of  the  lottery  shall  be  notified  and the content of such notification;  (b) the minimum period of delinquency in payment of  past-due  support and  the  minimum  amount  of past-due support with respect to which the division of the lottery shall, pursuant  to  this  section,  credit  any lottery prize of six hundred dollars or more against past-due support;  (c)  the procedure for reimbursement of the division of the lottery by the state office of temporary and disability  assistance  for  the  full cost of carrying out the procedures authorized by this section; and  (d)  such  other  matters  as the parties to such agreement shall deem necessary to carry out the provisions of this section.  (4) Prior to awarding any lottery prize  of  six  hundred  dollars  or more,  the  division of the lottery shall review the notice of liability of past-due support provided  by  the  state  office  of  temporary  and disability  assistance. For each lottery prize winner identified on such notice as an individual, estate or trust  owing  past-due  support,  the lottery  division  shall  credit  to  the  state office of temporary and disability assistance such amount of the prize to satisfy  the  past-due support,  and  any  remainder  shall  be awarded to the prize winner. In cases where the prize winner owes past-due  support  to  more  than  one person  or  entity, and the total amount of past-due support provided in the notice of liability of past-due  support  to  the  division  of  the lottery  by  the  state  office  of  temporary and disability assistance exceeds the balance remaining, each such person or entity shall  receive a pro rata share of the balance remaining, such share to be based on the amount  of past-due support owed to such person or entity as provided to the division of the lottery by such office pursuant to this section. The state office of temporary and disability assistance shall be responsible for determining and distributing each  person's  or  entity's  pro  rata share of past-due support pursuant to regulations of such office.  (5)  The  division of the lottery shall certify to the comptroller the total amount of  the  lottery  prize  winning  to  be  credited  against  past-due  support  and the remainder of such prize winning to be awarded to the prize winner.  (6)  The  division  of  the  lottery  shall notify the prize winner in writing of the total amount of the lottery prize winning to be  credited against  past-due  support and the remainder of such prize winning to be awarded to the prize winner. Such notice shall further advise the  prize winner  that  the  office  of  temporary and disability assistance shall provide separate  notice,  in  writing,  to  the  prize  winner  of  the procedure  for and time frame by which the prize winner may contest such crediting.  (7) The office of temporary and disability assistance shall notify the prize winner in writing, of the amount  of  such  prize  winning  to  be credited  against  past-due  support and the procedure and time frame by which the prize winner may contest such crediting based on defenses that are not subject to  family  court  jurisdiction.  Such  procedure  shall include  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.  (8) (a) For purposes of this section, past-due support owed to persons who are receiving services pursuant to title six-A of article  three  of the social services law may include:  (i)  amounts  representing  delinquencies  which  have accrued under a court order of support; or  (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  enforcement  program, any  payment made by a respondent which is insufficient to fully satisfy both the current support obligations and a periodic payment  toward  the balance  of any arrears amount established by court order shall be first applied toward the current support obligation or any delinquency thereon and then toward the periodic payment on any arrears  amount  established by court order unless otherwise required by federal regulation.  (9) From the time the division of the lottery is notified by the state office  of  temporary  and  disability  assistance  of  an individual's, estate's or trust's liability for past-due support under  the  agreement provided  for  in  this  section,  the  division  of the lottery and the department shall be relieved from  all  liability  to  such  individual, estate or trust, their assigns, successors, heirs or representatives for the  amount  of any lottery prize winning of six hundred dollars or more certified to the comptroller to be credited against past-due support and such individual, estate or trust shall have no right to commence a court action or proceeding or to any other legal recourse against the division of the lottery or the department to recover  such  overpayment  or  such interest  certified  to  the comptroller to be credited against past-due support.  Provided,  however,  nothing  herein  shall  be  construed  to prohibit  such  individual,  estate or trust from proceeding against the state office of temporary and disability assistance or  the  appropriate local  social services district to recover that part of such overpayment or interest thereon so certified  to  the  comptroller  to  be  credited against  past-due  support  which is greater than the amount of past-due support owed by such individual, estate or trust on  the  date  of  such certification.  (10)  The  division  of  the  lottery  shall promulgate such rules and regulations as it deems necessary to carry out the  provisions  of  this section.