N.Y. SOS. LAW § 111-h : NY Code - Section 111-H: Support collection unit

Search N.Y. SOS. LAW § 111-h : NY Code - Section 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. With respect to any funds  paid  to  the  support  collection  unit
  established  by  a  social  services  district  pursuant  to an order of
  support under the provisions of article four, five, five-A or five-B  of
  the family court act and which have remained unclaimed for not less than
  two  years  after  diligent effort to locate the person entitled to such
  funds, the family court may enter an order decreeing
    (a) that the funds be returned  to  the  person  who  paid  the  funds
  pursuant to the order of support, or
    (b)  that  the  funds  be  deposited  with  the  county  treasurer  or
  commissioner of finance of the city of New York, whose duty it shall  be
  to receive such funds and invest them for a period of five years in such

  securities  as are specified by law for investment by savings banks, the
  interest on such securities to accrue and become part of such funds.
    6. If a claimant proves to the satisfaction of the family court within
  five years after the deposit of funds under paragraph (b) of subdivision
  five  of this section his just and legal claim to any part of the funds,
  the court may require that repayment shall be made to  the  claimant  as
  provided  by  order  of  the court. The clerk of the court shall issue a
  certificate under the official seal of the court embodying the terms and
  provisions of the order and transmit the certificate to  the  office  of
  the  county treasurer or commissioner of finance of the city of New York
  with whom the funds were deposited. The certificate shall constitute the
  authority of the county treasurer or commissioner of finance of the city
  of New York for making such repayment.
    7. Upon the expiration of five years from the date of deposit with the
  county treasurer or commissioner of finance of  the  city  of  New  York
  under  paragraph (b) of subdivision five of this section, all such funds
  remaining in the custody of the  county  treasurer  or  commissioner  of
  finance  of  the city of New York shall be paid to the state comptroller
  pursuant to the provisions of section six hundred two of  the  abandoned
  property  law  and  such  payment  shall  be  accomplished by the report
  required by section six hundred three of the abandoned property law.
    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.  In  any  case  where  the child support order was issued prior to
  September fifteenth, nineteen hundred eighty-nine in which there  is  an
  assignment  of  support  rights  or in which a request for an adjustment
  review is made, the support collection unit shall  initiate  a  one-time
  review  of the order for adjustment purposes unless: (i) the child is in
  receipt of public assistance, and the support collection unit determines

  that such review would not be in the best interest of the child  or  the
  custodial  parent,  and neither parent has requested review; or (ii) the
  child is not in receipt of public  assistance  and  neither  parent  has
  requested  such  review.  The support collection unit shall conduct such
  review in a manner consistent with section four hundred thirteen of  the
  family  court  act and subdivision one-b of section two hundred forty of
  the domestic relations law, commonly referred to as  the  child  support
  guidelines, and the definition of adjustment as set forth in subdivision
  three  of  section  four  hundred  thirteen  of the family court act and
  paragraph b of subdivision one of  section  two  hundred  forty  of  the
  domestic relations law.
    13.  Upon  the  conclusion  of  the  adjustment  review,  the  support
  collection unit shall send the findings of such review  by  first  class
  mail to the parties, together with a notice describing the rights of the
  parties to seek adjustment pursuant to applicable provisions of law.
    14. Where the support collection unit determines that there is a basis
  for  an  upward adjustment, it shall also file a proposed order together
  with an affidavit in support thereof with the clerk of  the  appropriate
  court,  and  send  a  copy of such proposed order and affidavit by first
  class mail to the parties.
    15.  Where  the  support  collection  unit  has  determined  that   an
  adjustment  review  is  appropriate,  and  the  child or children are in
  receipt of public assistance, the  unit  shall,  at  least  thirty  days
  before  the  commencement  of  such  review, notify the parties that the
  support collection unit will commence  review,  and  provide  notice  of
  their  obligations pursuant to subdivision sixteen of this section. Such
  notice shall also be provided, whether or not a child is in  receipt  of
  public assistance, upon a request by any party for adjustment review.
    16.  Such notice shall include a statement that the party must, within
  thirty-five days of the date of mailing  of  the  notice,  send  to  the
  support collection unit:
    (i)  a  current  and representative paycheck stub with respect to each
  source of employment income;
    (ii) copies of the most recently filed state and  federal  income  tax
  returns; and
    (iii)  a  sworn  statement  of net worth which shall also identify the
  carrier and policy number of all health insurance  currently  in  place,
  for the benefit of the obligor and eligible dependents, and whether such
  coverage has been in place for the previous year.
    The  notice shall also include a statement that the party may schedule
  a conference with the support  collection  unit  and  submit  a  written
  explanation  of  his  or  her  present  tax and financial information to
  determine the appropriate modification, and thereby  may  avoid  further
  administrative and judicial proceedings.
    The  notice  shall  also  state  that  in the event the party fails to
  provide such information within thirty-five days  of  the  date  of  the
  mailing  of  the  notice,  the  department  of  social services shall be
  entitled to make use of  certain  tax  data  from  the  commissioner  of
  taxation  and  finance  pursuant to section one hundred seventy-one-g of
  the tax law and section one hundred eleven-c of the social services  law
  to initiate proceedings to adjust the child support order.
    17.  The  department  shall develop and disseminate a notice informing
  both  parties  to  child  support  orders  issued  prior  to   September
  fifteenth,  nineteen  hundred  eighty-nine,  of  the availability of the
  one-time adjustment of child support orders pursuant to  the  provisions
  of  subdivision  three  of  section  four hundred thirteen of the family
  court act and subdivision four of  section  two  hundred  forty  of  the
  domestic  relations law. The department shall also develop a notice that

  shall set out the options for adjustment of child support orders  issued
  prior  to  September  fifteenth,  nineteen  hundred eighty-nine, and the
  methods for exercising those options. Said notice shall be sent by first
  class mail to persons in receipt of services pursuant to this title, and
  shall contain a reply form and envelope with postage pre-paid.
    18.  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.
    19.  (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.