2023 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, 2025
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.