2023 New York Laws › SOS - Social Services › Article 3 - Local Public Welfare Organization; Powers and Duties › Title 6-B - Services for Enforcement of Support Provided by the Department of Social Services › 111-Z - Spousal and Child Support;crediting of Overpayments of Tax to Past-Due Support.

§  111-z.  Spousal and child support; crediting of overpayments of tax
to past-due support. 1. The department shall provide  services  for  the
crediting  of  overpayments  of  tax  to  past-due  support, pursuant to
section one hundred seventy-one-c of the  tax  law,  which  is  owed  to
persons  entitled  to  enforce  an  order  of  support,  for persons not
receiving  public  assistance  who  are  eligible  to  receive  services
pursuant  to  title  six-A  of this article, but who do not receive such
services. For purposes of this section, "order of  support"  shall  mean
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.
2.  (a) An applicant for services under this section shall provide the
department with the following:
(i) a certified transcript of a money judgment for a sum  certain  for
arrears accrued under an order of support;
(ii)  a sworn statement that the order of support is no longer subject
to appellate judicial review and that the sum set forth  as  uncollected
on the judgment is accurate;
(iii) the name and address of the applicant; and
(iv)  the  name,  last known address and social security number of the
person or entity owing past-due support against whom a judgment has been
obtained.
(b) If an application for services is rejected by the department,  the
department  shall inform the applicant in writing of the reason for such
rejection.
(c) The department shall inform applicants  for  services  under  this
section  of  the  support  collection and enforcement services available
through the support collection units pursuant to  title  six-A  of  this
article.
3.  An  applicant  for services under this section shall receive a pro
rata share of the overpayment of tax, based on the  amount  of  past-due
support owed to such applicant 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  applicant  owes  past-due  support to other persons or entities so
certified to the tax commission by the department.
4. The department may charge an  applicant  for  services  under  this
section a fee based on cost, but not to exceed the lesser of twenty-five
dollars  or the amount of overpayment of tax received by the department.
The department shall recover such fee from such overpayment and pay  any
balance  to  the  applicant.  The fee provided for herein shall not be a
charge against the individual, estate or trust owing past-due support.
5. The department shall promulgate such regulations as  are  necessary
to carry out the provisions of this section, including regulations as to
the  date  by  which  an applicant for services under this section shall
provide the department with the information and  documentation  required
in subdivision two of this section.