reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.12 - Examination of the record after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Upon reasonable notice to the department, the record of
			   the hearing may be examined by any party to the hearing at the department's
			   offices during regular business hours.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 343 - Hearing Procedure: Residential Care Programs For Children › Section 343.13 - Decision after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 hearing decision shall be made and issued by the commissioner or by a member of
			 his or her staff designated by him or her to consider and make such decisions
			 and shall be based exclusively on the record of the hearing. The decision shall
			 be in writing and shall describe the issues, recite the relevant facts, the
			 pertinent provisions of law and department regulations, make appropriate
			 findings, determine the issues, state reasons for the determination and, when
			 appropriate, direct specific action.
(b) A copy of such decision shall be mailed
			 to the operator of the facility and to its attorney or other designated hearing
			 representative.
(c) In the event
			 the decision is adverse to the operator of the facility, the copy of decision
			 shall be sent together with a notice of the right to judicial review in
			 accordance with the provisions of article 78 of the Civil Practice Law and
			 Rules.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 344 - Income Withholding for Persons Not Served by the Title Iv-d Child Support Enforcement Program › Section 344.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures for income withholding
			   of child support or combined child and spousal support for persons who are not
			   in receipt of title IV-D child support services from a social services
			   district.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 344 - Income Withholding for Persons Not Served by the Title Iv-d Child Support Enforcement Program › Section 344.2 - Duties of the office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 purposes of this Part, the office of temporary and disability assistance
			 (office), through its State disbursement unit, is authorized to collect, record
			 and disburse any support payments paid pursuant to any order of child support
			 or combined child and spousal support issued on or after the first day of
			 January, 1994 under the provisions of article 3-A or section 236 or
			 240  of the Domestic Relations Law, or
			 article 4, 5, 5-A, or 5-B of the Family Court Act, for which a court has
			 ordered such amounts 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
			 section 5241  of the Civil Practice Law and Rules or an income deduction order
			 issued pursuant to section 5242  of the Civil Practice Law and Rules (income
			 withholding order).
(b) The State
			 disbursement unit will record, collect, and disburse support to the creditor
			 within two business days of the State disbursement unit's receipt of a
			 payment.
(c) The State disbursement
			 unit will maintain records of its collection and disbursement of each support
			 payment, and will furnish copies of such records to the court and/or parties to
			 the order upon request.
(d) The
			 State disbursement unit is responsible for the collection and disbursement of
			 support payments only if:
(1) the State
			 disbursement unit has received a copy of the income withholding order and such
			 income withholding order pertains to either child support or combined child and
			 spousal support obligations;
(2)
			 the creditor has submitted to the State disbursement unit payment of the annual
			 service fee, if any;
(3) the State
			 disbursement unit's records show that it has collected support payments on
			 behalf of the parties to the order; and
(4) the creditor has provided the State
			 disbursement unit with any address changes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 344 - Income Withholding for Persons Not Served by the Title Iv-d Child Support Enforcement Program › Section 344.3 - Other requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
			 an income withholding order for child support or combined child and spousal
			 support is issued, the court or other issuer must serve or cause to be served a
			 copy of such income withholding order, along with any supplemental document
			 required, upon the State disbursement unit, the employer or income payor, and
			 the parties to the order.
(b) An
			 income withholding order directing payment to the State disbursement unit
			 pursuant to this Part shall:
(1) direct the
			 employer or income payor to remit payments, payable to the State disbursement
			 unit, to the mailing address designated by the office;
(2) be on the form for income withholding
			 promulgated by the office for this purpose, which form shall include the
			 necessary information and directions to ensure the characterization of the
			 income withholding order as an income withholding notice as described and
			 required by section 666(b) of chapter 7 of title 42 of the United States Code;
			 and
(3) specify the amount of
			 support to be withheld by the debtor's employer or income payor, which must be
			 sufficient to ensure compliance with the order of support and also must include
			 an additional amount to be applied to the reduction of arrears, if
			 any.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 344 - Income Withholding for Persons Not Served by the Title Iv-d Child Support Enforcement Program › Section 344.4 - Employer and income payor responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
An employer or income payor served with an income
			   withholding order must:
(a) remit to
			 the State disbursement unit the amount set forth in the income withholding
			 order including the additional amount applied to the reduction of arrears, if
			 any; provided, however, that if the income is compensation for personal
			 services and the deduction exceeds the limits in subdivision (g) of section 5241  of the Civil Practice Law and Rules or subdivision (f) of section 5242  of
			 the Civil Practice Law and Rules, the employer or income payor shall remit the
			 maximum amount permitted pursuant to those provisions;
(b) make support payments payable to the
			 State disbursement unit and include with each remittance the pay date(s)
			 associated with the remittance and the case identifier as provided by the State
			 disbursement unit;
(c) include the
			 information as instructed in the income withholding order;
(d) commence deductions no later than the
			 first pay period that occurs 14 calendar days after service of the income
			 withholding order; and
(e) remit
			 payments to the State disbursement unit within seven business days of the date
			 that the debtor is paid.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of the Department of Social
			   Services (department) to provide procedures utilized in conjunction with
			   activities related to the offset of State tax refunds for persons not otherwise
			   served by the State Child Support Enforcement Program. This Part establishes
			   the procedures to be followed by applicants for tax refund offset services, and
			   by individuals who may object to the offset of their tax
			   refund.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant means
			 an individual to whom past-due spousal support or spousal and child support is
			 owed, and who applies for services under this Part.
(b) Certification means the annual request by
			 the department, to the New York State Department of Taxation and Finance, for
			 the offset of tax refunds otherwise due to delinquent payors of child and/or
			 spousal support.
(c) Money judgment
			 means a certified copy of a court order for a sum certain for arrears accrued
			 under an order of support directing the entry of a money judgment; provided,
			 however, that such order has been filed in the office of the clerk in the
			 county in which the proceeding was commenced.
(d) Order of support means any temporary or
			 final order, judgment or decree in a matrimonial action or family court
			 proceeding, or any foreign support order, judgment or decree, registered
			 pursuant to section 37-a of the Domestic Relations Law, which directs the
			 payment of alimony, maintenance, spousal support or child support.
(e) Respondent means an individual, estate or
			 trust who is alleged to owe past-due court ordered child and/or spousal
			 support.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.3 - Establishment of procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The department will accept and process applications made
			   pursuant to sections 111-m and
			   111-n  of the Social Services Law, and in
			   accordance with the provisions of this Part, for the purpose of satisfying
			   past-due support obligations through the offset of New York State income tax
			   refunds and city income/earnings tax refunds due as a result of overpayments
			   made to the New York State Department of Taxation and
			   Finance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.4 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
A new written application is required for each year
			   services are desired. No later than September 30th of each year, for inclusion
			   in the tax refund offset process during the next succeeding calendar year, an
			   applicant seeking services under this Part shall provide to the department a
			   completed application, in the form prescribed by the department, and the
			   following information and documentation:
(a) a certified transcript of a money
			 judgment for a sum certain for arrears accrued under an order of
			 support;
(b) 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;
(c) the name and address of the applicant;
			 and
(d) the name, last known
			 address and social security number of the respondent whose tax refunds are to
			 be intercepted.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.5 - Notification to applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
			 application for services is rejected by the department for not meeting the
			 requirements set forth in section
			 345.4  of
			 this Part, the applicant shall be notified of the rejection in writing by the
			 department. The notice shall specify the reason(s) for the rejection.
(b) Applicants who are custodial parents of
			 minor children shall be advised of the availability of support collection and
			 enforcement services through their local district support collection unit,
			 pursuant to section 111-g  of the Social Services Law and
			 section
			 347.17 
			 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.6 - Notice to respondent

Current through Register Vol. 46, No. 28, July 10, 2024
Written notice of proposed tax refund offset under this
			   Part will be given to the respondent no later than 30 days prior to
			   certification to the Department of Taxation and Finance of the respondent's
			   liability for past-due support. The notice must include the following defenses
			   which may be raised against the offset of tax refunds, in whole or in
			   part:
(a) Defenses.
(1) The person receiving notice of proposed
			 tax refund offset is not the person identified as owing the past-due
			 support.
(2) The money judgment in
			 question has been totally satisfied.
(3) The money judgment in question has been
			 partially satisfied and, therefore, the past-due support is less than the
			 amount specified in the notice.
(4)
			 The amount of past-due support, as specified in the notice, is more than the
			 amount specified in the money judgment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 345 - Tax Refund Offset For Persons Not Served By The State Child Support Enforcement Program › Section 345.7 - Distribution of tax refund offsets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fee. An applicant who applies for
			 services, pursuant to this Part, shall be charged a fee based on cost, which
			 may vary from year to year, not to exceed the lesser of $25 or the amount of
			 overpayment of tax received by the department. The fee shall be recovered from
			 such overpayment and the balance, if any, shall be paid to the applicant, in
			 accordance with subdivision (b) of this section.
(b) All offsets of tax refunds received by
			 the department as a result of certifications made under this Part to the New
			 York State Department of Taxation and Finance shall be distributed as follows:
(1) Single certifications. If a respondent
			 was certified based upon a request by a single applicant for the tax refund
			 offset process, the entire amount offset minus the fee shall be disbursed to
			 the applicant.
(2) Multiple
			 certifications. If a respondent was certified based upon requests of two or
			 more applicants for the tax refund offset process, under this Part or in
			 combination with section
			 346.9 
			 of this Title, each applicant will receive a pro rata share of the total amount
			 received by the department. The pro rata share for each applicant shall be
			 equal to the amount of past-due support owed to that applicant as a percentage
			 of the total past-due liability certified for the particular respondent, minus
			 the fee.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.1 - Local district support collection unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each social services district shall
			 establish a support collection unit (SCU). The SCU shall be under the
			 supervision of a full-time employee who may be the supervisor of the child
			 support enforcement unit established under section
			 347.3 
			 of this Title. The SCU shall, in accordance with instructions issued by the
			 department:
(1) collect, account for and
			 disburse funds paid pursuant to an order of child support or child and spousal
			 support issued under the provisions of article 3-A or section 236 or
			 240  of the Domestic Relations Law, or
			 article 4, 5 or 5-A of the Family Court Act; provided, however, that the
			 department, subject to availability of funds, will furnish centralized
			 collection and disbursement functions 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 will continue to perform those functions;
(2) inform the petitioner and respondent of
			 any case in which a required child support payment has not been made within two
			 weeks after it was due;
(3) assist
			 in securing voluntary compliance with orders of support or in preparation and
			 submission of a petition for violation of a support order unless an income
			 execution is requested by the debtor pursuant to section
			 347.9 
			 of this Title; and
(4) provide a
			 notice of collection of assigned support to each individual who has assigned
			 his or her right to support pursuant to Part 369 of this Title, unless no
			 collection was made during the time period being reported by the notice, or the
			 assignment was no longer in effect during the time period being reported by the
			 notice and there were no longer any assigned arrearages during that time. Such
			 notice must be provided monthly unless it is provided quarterly in conjunction
			 with the department's provision of a toll-free automated voice response system.
			 Such notice must be provided in relation to each absent parent from whom
			 support was collected on behalf of the individual, and may be provided through
			 the use of more than one document. Such notice must contain the following
			 information:
(i) the amount of current
			 support collected;
(ii) the amount
			 of arrearages collected; and
(iii)
			 the amount of support that was distributed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.2 - Application for services to individuals not otherwise eligible

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Individuals not otherwise eligible may apply tor child support services by
			 signing and providing to a local child support enforcement unit an application
			 form prescribed by the office.
(b)
			 Any petition, written application or written motion to a court for the
			 establishment of parentage or the establishment, modification and/or
			 enforcement of a child support obligation for persons not in receipt of public
			 assistance and care or foster care or continuing to receive services as
			 provided in section
			 347.17 
			 of this Title which contains a signed statement requesting child support
			 services as provided under title 6-A of the Social Services Law, constitutes an
			 application for such services pursuant to section
			 347.17 
			 of this Title. However, where a court proceeding resulted in an order for child
			 or child and spousal support payable through the support collection unit, based
			 upon a parentage or support petition filed prior to September 30, 1990, such
			 petition and/or moving papers are deemed to be an application for child support
			 services.
(c) Where an individual
			 has made application for child support services pursuant to subdivision (b) of
			 this section. the support collection unit must obtain a copy of the petition,
			 written application or written motion to the court which clearly indicates a
			 request for services. The support collection unit must advise such individual
			 to provide any information the support collection unit deems necessary to
			 provide services.
(d) The support
			 collection unit must provide all individuals applying for child support
			 services pursuant to subdivision (a) or (b) of this section information
			 describing all available child support services, the individual's rights and
			 responsibilities, and the State's fees, cost recovery and distribution policies
			 on a form prescribed by the office. The support collection unit must provide
			 such information to all applicants or recipients of public assistance and care
			 and foster care within five days of referral to the child support enforcement
			 unit.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.3 - Statement of respondent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
			 an order of support is payable through the SCU, the respondent shall provide
			 the SCU with the following information:
(1)
			 name;
(2) address of
			 residence;
(3) social security
			 number;
(4) date of
			 birth;
(5) place of employment;
			 and
(6) such other data as may be
			 determined by the department to be pertinent.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.4 - Purchase of service agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The SCU shall contract with a local
			 commercial bank for such services the bank can perform as shall be necessary
			 for SCU operation. All checks on such account must bear the signature of the
			 commissioner of the local department of social services, or such designee of
			 the commissioner as the department may approve. The account title shall be
			 "(district name) Support Collection Unit."
(b) The SCU may enter into written purchase
			 of service agreements with private providers to assist with the functions
			 required under section
			 346.1 
			 of this Part. Such agreements shall provide for:
(1) adequate supervision and monitoring by
			 State and local social services officials;
(2) confidential treatment of all information
			 received pursuant to such agreements, as specified in section
			 346.1(e)
			 and (f)  of this Part; and
(3) bonding of employees who have access to
			 or control over child support collections, as required by section
			 346.5  of this
			 Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.5 - Bonds

Current through Register Vol. 46, No. 28, July 10, 2024
The social services district shall make provision for
			   bonding all agents and employees of the district who must be bonded to meet
			   Federal requirements. A social services district may also obtain such
			   additional fiduciary bonding and bonding against theft as it determines
			   necessary in amounts and costs that are reasonable and prudent. All losses in
			   excess of the amount bonded against by the local district will not be
			   reimbursed. A copy of any bond obtained must be submitted to the department for
			   cost review.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.6 - Unclaimed funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever
			 money collected pursuant to an order of support is remit- ted with sufficient
			 identifying information to associate the funds with an existing or previously
			 existing account, the person entitled to the funds is not deceased, and the
			 funds are unclaimed for four months or more, the SCU shall commence diligent
			 efforts to locate the payee thereof.
(b) When such funds have remained unclaimed
			 for not less than two years after diligent efforts to locate the person
			 entitled to such funds, the funds shall be paid to the state comptroller
			 pursuant to section 111-h (7)  of the Social
			 Services Law; provided, however, that such funds may be paid to the state
			 comptroller pursuant to such subdivision without two years of diligent efforts
			 if the person entitled to such funds is deceased and an estate cannot be
			 located for such person or the estate does not claim the funds.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.7 - Separation of functions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
			 person involved in the collection of cash receipts shall participate in the
			 accounting, disbursement or administration thereof.
(b)
(1)
			 Waivers of this requirement shall be requested of the OCSE in writing, showing
			 in detail the reasons the additional staff would be unreasonable and providing
			 an alternate system of controls that reasonably insures that child support
			 collections will not be misused. Each such request shall include a listing of
			 all agency staff, showing their responsibilities.
(2) After receipt and review by the NYS
			 Office of Child Support Enforcement, each approved request shall be transmitted
			 to the Federal Office of Child Support Enforcement for consideration in
			 accordance with applicable Federal law and regulations.
(3) No such plan shall be put into operation
			 until approval therefor has been received by the district in writing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.8 - Means of payment

Current through Register Vol. 46, No. 28, July 10, 2024
The local social services official shall determine the
			   means of payment acceptable to the SCU and shall advise respondents of the
			   acceptable forms of payment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.9 - Tax refund offset process

Current through Register Vol. 46, No. 28, July 10, 2024
The SCU shall administer the process established by the
			   State Office of Child Support Enforcement (State OCSE) pursuant to section 111-b  of the Social Services Law, for the
			   purpose of satisfying past-due child support obligations through the offset of
			   Federal income tax refunds, New York State income tax refunds and city
			   income/earnings tax refunds due as a result of overpayments made to the
			   Internal Revenue Service (IRS) and/or New York State Department of Taxation and
			   Finance.
(a) Eligible cases. The
			 following cases are eligible for the tax refund offset process if the court
			 order is payable to the SCU and the tax refund offset criteria established by
			 the State OSCE have been met:
(1) Aid to
			 Dependent Children (ADC) and Foster Care (FC) maintenance cases in which
			 court-ordered past-due support is owed to local social services districts and
			 the State.
(2) Non-ADC cases in
			 which court-ordered past-due child support is owed to persons who are receiving
			 child support services under section 111-g  of the Social Services Law and
			 section
			 347.17 
			 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.10 - Interception of lottery prizes

Current through Register Vol. 46, No. 28, July 10, 2024
The SCU must administer the process established by the
			   Office of Child Support Enforcement (OCSE) within the State Department of
			   Social Services pursuant to section 111-b  of the Social Services Law, to
			   satisfy past-due support obligations through the interception of lottery prizes
			   awarded by the State Division of the Lottery.
(a) Eligible cases. The following cases are
			 eligible for the interception of lottery prizes if a court order of support is
			 payable to the SCU and the lottery prize intercept criteria established by the
			 OCSE have been met:
(1) Aid to Dependent
			 Children (ADC) and foster care (FC) maintenance cases in which court ordered
			 past-due support is owed to the social services districts and the
			 State.
(2) Non-ADC cases in which
			 court ordered past-due support is owed to persons who are receiving child
			 support services under section 111-g  of the Social Services Law and
			 section
			 347.17 
			 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.11 - Article 52 executions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Enforcement of orders and judgments by execution.
(1) Support arrears/past due support for
			 child support or combined spousal and child support payable to the SCU may be
			 enforced by levy upon the support obligor's liquid assets when the support
			 obligor is in default as defined in subdivision (b) of this section.
(2) Notwithstanding the provisions of this
			 section, support arrears/past due support which have been reduced to judgment
			 may be enforced pursuant to this section without affording the support obligor
			 the opportunity to assert a mistake of fact pursuant to the procedures
			 established in subdivision (e) of this section and are not restricted to
			 execution upon the support obligor's liquid assets.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 346 - Support Collection › Section 346.12 - Suspension of driving privileges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
			 Enforcement of orders by suspension of driving privileges. Support arrears/past
			 due support for child support or combined spousal and child support payable to
			 the support collection unit (SCU) may be enforced by the suspension of the
			 support obligor's driving privileges when the support obligor is in default as
			 defined in subdivision (b) of this section.
(2) Child support orders in the amount of $25
			 per month dated before January 1, 1994 are not subject to enforcement pursuant
			 to this section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.1 - State division of child support services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Division of Child Support Services
			 (DCSS) within the Office of Temporary and Disability Assistance (Office) shall
			 be responsible for the supervision of the activities of social services
			 officials and other State and local officials relative to location of
			 noncustodial parents, establishment of parentage, establishment and/or
			 modification of support orders, collection and disbursement of support, and
			 enforcement of the obligations of legally - responsible relatives to contribute
			 to the support of their dependents.
(b) The DCSS shall utilize location, and
			 support enforcement and collection services made available through the
			 Secretary of Health and Human Services, including the services of Federal
			 courts, the Federal Parent Locator Service and the Treasury Department, if and
			 so long as authorized or required by Federal law.
(c) The DCSS shall provide for the operation
			 and maintenance of the State Parent Locator Service, in accordance with the
			 provisions of subdivision 4 of section 111-b  of the Social Services
			 Law.
(d) The Office may enter into
			 a contract with a fiscal agent to perform the collection and disbursement
			 functions of the support collection units. A fiscal agent under contract with
			 the Office is deemed to be a part of all support collection units for which the
			 fiscal agent performs collection and disbursement functions.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part, unless expressly stated
			   otherwise, the following definitions apply:
(a) Alleged parent. An alleged parent is an
			 individual who may be the child's genetic parent but who has not yet been
			 legally declared to be the parent.
(b)
Arrears.
Arrears
are unpaid support owed by an
			   individual who is obligated to pay under an order of support and is comprised
			   of support arrears and past due support.
(c)
Assigned arrears.
Assigned arrears
are those arrears that
			   are subject to an assignment of support rights and, for purposes of public
			   assistance, do not exceed the cumulative unreimbursed assistance paid to the
			   family on the date the family leaves public assistance.
(1) For public assistance assignments made
			 before October 1, 2009,
assigned arrears
may include
			 permanently-assigned arrears, temporarily-assigned arrears, and
			 conditionally-assigned arrears.
(2)
			 For public assistance assignments made on or after October 1, 2009,
assigned arrears
include permanently-assigned
			 arrears.
(3) For medical assistance
			 assignments,
assigned arrears
include any unpaid cash medical
			 support.
(4) For foster care
			 assignments,
assigned arrears
include any unpaid foster care
			 maintenance payments that were made with respect to the child(ren).
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.4 - Cooperative agreements and purchase of service agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local social services district shall
			 enter into written cooperation agreements with county attorneys, corporation
			 counsels and other law enforcement officials, as required by sections 352 and
			 352-a  of the Social Services
			 Law.
(b) Each local social services
			 district may enter into written purchase of service agreements with other local
			 agencies or private providers to assist the local district with the child
			 support functions for which it is responsible under section
			 347.3 
			 of this Part. Such agreements shall provide for:
(1) adequate supervision and monitoring by
			 State and local social services officials; and
(2) confidential treatment of all information
			 received pursuant to such agreements, as specified in section
			 347.19 
			 of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.5 - Cooperation determination and claims of good cause for refusal to cooperate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receiving
			 the referral form required to be completed by sections
			 360-3.2(c),
			 369.2(b),
			 and
			 370.9 
			 of this Title from an applicant for or recipient of public assistance or
			 medical assistance, the local child support enforcement unit must:
(1) review the referral form and supporting
			 documentation for completeness and determine if the information provided is
			 sufficient to identify and locate the noncustodial parent, alleged parent, or
			 intended parent;
(2) if the
			 information in paragraph (1) of this subdivision is incomplete, conduct an
			 interview with the applicant or recipient to determine if such information may
			 be obtained;
(3) make a
			 determination as to whether the applicant or recipient has cooperated in good
			 faith in establishing the parentage of the child and in establishing, modifying
			 and enforcing a support order for the child;
(4) provide the applicant or recipient with a
			 notice of its determination as to whether the applicant or recipient has
			 complied with the provisions of paragraph (3) of this subdivision and, if it is
			 determined that the applicant or recipient has not cooperated, as required, the
			 basis therefor; and
(5) provide the
			 local income maintenance unit and medical assistance unit with a notice of its
			 determination as to whether the applicant or recipient has complied with the
			 provisions of paragraph (3) of this subdivision and, if it is determined that
			 the applicant or recipient has not cooperated, as required, the basis
			 therefor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.6 - Establishment of parentage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 each case in which parentage has not been established, the child support
			 enforcement unit must carry out the following actions, provided, however, that,
			 in any case involving rape or incest, or any case in which legal proceedings
			 for adoption are pending, such actions need not be taken if, in the opinion of
			 the child support enforcement unit, it would not be in the best interest of the
			 child to establish parentage:
(1) File a
			 petition with the family court to establish parentage, complete service of
			 process or document on the State automated child support management system
			 (automated system) the unsuccessful diligent efforts to serve process, as
			 defined in section
			 347.7(b)(7) 
			 of this Part.
(2) Seek entry of a
			 default order of parentage by showing that process has been served on the
			 respondent.
(3) In situations where
			 assisted reproduction was not used and an alleged parent is excluded as the
			 parent of the child but more than one alleged parent of such child has been
			 identified, the actions required by paragraphs (1) and (2) of this subdivision
			 must be carried out for each such alleged parent.
(4) Provide to the alleged parent or intended
			 parent the opportunity to voluntarily acknowledge parentage pursuant to
			 subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.8 - Establishment, modification, and enforcement of support obligations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General case
			 processing procedures.
1. In any case
			 receiving child support services in which the location of the noncustodial
			 parent or putative father is known, the child support enforcement unit must:
i. if there is no order of child support,
			 establish parentage if necessary pursuant to section
			 347.6 
			 of this Part and establish an order of support pursuant to the child support
			 standards set forth in section 240  of the Domestic Relations Law (DRL) and
			 section 413  of the Family Court Act (FCA) as set forth in subdivision (b) of
			 this section;
ii. if there is an
			 order of child support, modify and/or enforce the order as set forth in
			 subdivision (c) of this section.
iii. maintain in the automated case record
			 any information from new or modified orders of support, including the factual
			 basis for the support obligation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.9 - Enforcement of support obligations and issuance of income withholding orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Immediate
			 issuance of income execution for support enforcement (income withholding
			 order).
For any child support or combined child and spousal
			   support court order issued under the provisions of section 236 or
			   240  of the Domestic Relations Law, or
			   article 4, 5, 5-A or 5-B of the Family Court Act, which directs payments to the
			   Support Collection Unit (SCU), the local child support enforcement unit through
			   its SCU, must:
(1) immediately issue
			 and process an income withholding order within 15 calendar days of the date the
			 support order is received if the employer's or income payor's address is known
			 or, if unknown, within two business days of the date the automated case record
			 receives notice of the income source from the State New Hire Directory or other
			 source, unless:
(i) the court finds and sets
			 forth in writing the reasons that there is good cause not to require immediate
			 income withholding. For purposes of this paragraph,
good cause
means substantial harm to the debtor. The absence of an arrearage or the mere
			 issuance of an income withholding order does not constitute good cause;
			 or
(ii) when the child is not in
			 receipt of public assistance, a written agreement providing for an alternative
			 arrangement has been executed by the parties. A written agreement may include
			 an oral stipulation made on the record in court which results in a written
			 order:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.10 - Child support standards (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.11 - Cooperation with other States and social services districts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local
			 child support enforcement unit shall cooperate with any other state:
(1) in establishing parentage or assisting
			 the other state in establishing parentage;
(2) in locating a noncustodial parent who is
			 present in the district and against whom any action is being taken under a
			 child support enforcement program in any other state;
(3) in processing all petitions and enforcing
			 all court orders referred by another state, whether pursuant to the Uniform
			 Interstate Family Support Act (UIFSA) or other legal process;
(4) in collecting any support payments from
			 the noncustodial parent and forwarding the entire amount within 10 days after
			 the end of the month in which the collections were made directly to the
			 appropriate state;
(5) by informing
			 the DCSS of the status of the case, upon request; and
(6) in carrying out any other function
			 required by the DCSS.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.13 - Distribution and disbursement of support collections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Support collections.
(1) Any
			 amounts collected by a support collection unit which represent support payments
			 from an individual responsible for providing support will reduce, dollar for
			 dollar, the individual's support obligation.
(2) The date of collection for such amounts
			 collected pursuant to paragraph (1) of this subdivision is the date on which
			 the payment is received by the support collection unit.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.14 - Reimbursement to local districts

Current through Register Vol. 46, No. 28, July 10, 2024
Each local social services district will maintain an
			   accounting system and supporting fiscal records in accordance with Part 595 of
			   this Title to assure that claims for reimbursement are in accordance with
			   applicable State requirements.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.15 - Reimbursement to the State

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall determine and pay to
			   the Department of Social Services, in accordance with section
			   347.13 
			   of this Part, that share of the support payments received on behalf of a family
			   receiving ADC which represents reimbursement to the State and Federal
			   governments of amounts contributed by them to assistance furnished such family,
			   after deducting from the Federal share any incentive payments which are
			   retained or paid in accordance with section
			   347.16 
			   of this Part.