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-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.