A. 8952 2
by employers as defined under article eighteen of the labor law. The
department is authorized to require submission of a report, in such form
and in such manner as prescribed by regulations for not more frequently
than four times per annum, of the name, social security account number,
and gross wages paid to each employee who resides or is employed in this
state, whether or not such employee is a resident for purposes of this
chapter and whether or not the wages of such employee are subject to
withholding of tax or payments of tax under article twenty-two of this
chapter. EMPLOYERS ALSO SHALL REPORT IF DEPENDENT HEALTH INSURANCE
BENEFITS ARE AVAILABLE. No report shall be filed with respect to an
employee of a state or local agency performing intelligence or counter-
intelligence functions, if the head of such agency has determined that
filing such a report could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
S 4. Paragraphs (a) and (b) of subdivision 3 of section 171-h of the
tax law, as added by chapter 398 of the laws of 1997, are amended to
read as follows:
(a) General. Employers shall furnish to the state directory of new
hires a report that contains the name, address, and social security
number of each newly hired or re-hired employee who works in the state,
and the employer's name, address, and identification number as assigned
pursuant to section six thousand one hundred nine of the internal reven-
ue code of 1986. EMPLOYERS ALSO SHALL REPORT IF DEPENDENT HEALTH INSUR-
ANCE BENEFITS ARE AVAILABLE AND THE DATE THE EMPLOYEE QUALIFIES FOR THE
BENEFITS.
(b) Format. Each report shall be submitted on a W-4 (employee's with-
holding allowance certificate) form or, at employer option, an equiv-
alent form and transmitted by first class mail, magnetically, or elec-
tronically to the state directory of new hires. IN ADDITION, IF EACH
REPORT IS SUBMITTED ON A W-4, AN ADDITIONAL FORM AS PRESCRIBED BY THE
DEPARTMENT SHALL BE SUBMITTED TO REPORT IF DEPENDENT HEALTH INSURANCE
BENEFITS ARE AVAILABLE AND THE DATE THE EMPLOYEE QUALIFIES FOR THE BENE-
FITS. THAT ADDITIONAL FORM SHALL BE TRANSMITTED BY FIRST CLASS MAIL,
MAGNETICALLY, OR ELECTRONICALLY TO THE STATE DIRECTORY OF NEW HIRES.
S 5. Paragraph 3 of subsection (e) of section 697 of the tax law, as
amended by section 4 of part V of chapter 57 of the laws of 2009, is
amended to read as follows:
(3) Nothing herein shall be construed to prohibit the department, its
officers or employees from furnishing information to the office of
temporary and disability assistance relating to the payment of the cred-
it for certain household and dependent care services necessary for gain-
ful employment under subsection (c) of section six hundred six of this
article and the earned income credit under subsection (d) of section six
hundred six of this article AND THE ENHANCED EARNED INCOME CREDIT UNDER
SUBSECTION (D-1) OF SECTION SIX HUNDRED SIX OF THIS ARTICLE, or pursuant
to a local law enacted by a city having a population of one million or
more pursuant to subsection (f) of section thirteen hundred ten of this
chapter, only to the extent necessary to calculate qualified state
expenditures under paragraph seven of subdivision (a) of section four
hundred nine of the federal social security act or to document the prop-
er expenditure of federal temporary assistance for needy families funds
under section four hundred three of such act. The office of temporary
and disability assistance may redisclose such information to the United
States department of health and human services only to the extent neces-
sary to calculate such qualified state expenditures or to document the
proper expenditure of such federal temporary assistance for needy fami-
A. 8952 3
lies funds. Nothing herein shall be construed to prohibit the delivery
by the commissioner to a commissioner of jurors, appointed pursuant to
section five hundred four of the judiciary law, or, in counties within
cities having a population of one million or more, to the county clerk
of such county, of a mailing list of individuals to whom income tax
forms are mailed by the commissioner for the sole purpose of compiling a
list of prospective jurors as provided in article sixteen of the judici-
ary law. Provided, however, such delivery shall only be made pursuant
to an order of the chief administrator of the courts, appointed pursuant
to section two hundred ten of the judiciary law. No such order may be
issued unless such chief administrator is satisfied that such mailing
list is needed to compile a proper list of prospective jurors for the
county for which such order is sought and that, in view of the responsi-
bilities imposed by the various laws of the state on the department, it
is reasonable to require the commissioner to furnish such list. Such
order shall provide that such list shall be used for the sole purpose of
compiling a list of prospective jurors and that such commissioner of
jurors, or such county clerk, shall take all necessary steps to insure
that the list is kept confidential and that there is no unauthorized use
or disclosure of such list. Furthermore, nothing herein shall be
construed to prohibit the delivery to a taxpayer or his or her duly
authorized representative of a certified copy of any return or report
filed in connection with his or her tax or to prohibit the publication
of statistics so classified as to prevent the identification of partic-
ular reports or returns and the items thereof, or the inspection by the
attorney general or other legal representatives of the state of the
report or return of any taxpayer or of any employer filed under section
one hundred seventy-one-h of this chapter, where such taxpayer or
employer shall bring action to set aside or review the tax based there-
on, or against whom an action or proceeding under this chapter or under
this chapter and article eighteen of the labor law has been recommended
by the commissioner, the commissioner of labor with respect to unemploy-
ment insurance matters, or the attorney general or has been instituted,
or the inspection of the reports or returns required under this article
by the comptroller or duly designated officer or employee of the state
department of audit and control, for purposes of the audit of a refund
of any tax paid by a taxpayer under this article, or the furnishing to
the state department of labor of unemployment insurance information
obtained or derived from quarterly combined withholding, wage reporting
and unemployment insurance returns required to be filed by employers
pursuant to paragraph four of subsection (a) of section six hundred
seventy-four of this article, for purposes of administration of such
department's unemployment insurance program, employment services
program, federal and state employment and training programs, employment
statistics and labor market information programs, worker protection
programs, federal programs for which the department has administrative
responsibility or for other purposes deemed appropriate by the commis-
sioner of labor consistent with the provisions of the labor law, and
redisclosure of such information in accordance with the provisions of
sections five hundred thirty-six and five hundred thirty-seven of the
labor law or any other applicable law, or the furnishing to the state
office of temporary and disability assistance of information obtained or
derived from New York state personal income tax returns as described in
paragraph (b) of subdivision two of section one hundred seventy-one-g of
this chapter for the purpose of reviewing support orders enforced pursu-
ant to title six-A of article three of the social services law to aid in
A. 8952 4
the determination of whether such orders should be adjusted, or the
furnishing of information obtained from the reports required to be
submitted by employers regarding newly hired or re-hired employees
pursuant to section one hundred seventy-one-h of this chapter to the
state office of temporary and disability assistance, the state depart-
ment of health, the state department of labor and the workers' compen-
sation board for purposes of administration of the child support
enforcement program, verification of individuals' eligibility for one or
more of the programs specified in subsection (b) of section eleven
hundred thirty-seven of the federal social security act and for other
public assistance programs authorized by state law, and administration
of the state's employment security and workers' compensation programs,
and to the national directory of new hires established pursuant to
section four hundred fifty-three-A of the federal social security act
for the purposes specified in such section, or the furnishing to the
state office of temporary and disability assistance of the amount of an
overpayment of income tax and interest thereon certified to the comp-
troller to be credited against past-due support pursuant to section one
hundred seventy-one-c of this chapter and of the name and social securi-
ty number of the taxpayer who made such overpayment, or the disclosing
to the commissioner of finance of the city of New York, pursuant to
section one hundred seventy-one-l of this chapter, of the amount of an
overpayment and interest thereon certified to the comptroller to be
credited against a city of New York tax warrant judgment debt and of the
name and social security number of the taxpayer who made such overpay-
ment, or the furnishing to the New York state higher education services
corporation of the amount of an overpayment of income tax and interest
thereon certified to the comptroller to be credited against the amount
of a default in repayment of any education loan debt, including judg-
ments, owed to the federal or New York state government that is being
collected by the New York state higher education services corporation,
and of the name and social security number of the taxpayer who made such
overpayment, or the furnishing to the state department of health of the
information required by paragraph (f) of subdivision two and subdivision
two-a of section two thousand five hundred eleven of the public health
law and by subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of subdivision two of section three hundred
sixty-nine-ee of the social services law, or the furnishing to the state
university of New York or the city university of New York respectively
or the attorney general on behalf of such state or city university the
amount of an overpayment of income tax and interest thereon certified to
the comptroller to be credited against the amount of a default in repay-
ment of a state university loan pursuant to section one hundred seven-
ty-one-e of this chapter and of the name and social security number of
the taxpayer who made such overpayment, or the disclosing to a state
agency, pursuant to section one hundred seventy-one-f of this chapter,
of the amount of an overpayment and interest thereon certified to the
comptroller to be credited against a past-due legally enforceable debt
owed to such agency and of the name and social security number of the
taxpayer who made such overpayment, or the furnishing of employee and
employer information obtained through the wage reporting system, pursu-
ant to section one hundred seventy-one-a of this chapter, as added by
chapter five hundred forty-five of the laws of nineteen hundred seven-
ty-eight, to the state office of temporary and disability assistance,
the department of health or to the state office of the medicaid inspec-
tor general for the purpose of verifying eligibility for and entitlement
A. 8952 5
to amounts of benefits under the social services law or similar law of
another jurisdiction, locating absent parents or other persons legally
responsible for the support of applicants for or recipients of public
assistance and care under the social services law and persons legally
responsible for the support of a recipient of services under section one
hundred eleven-g of the social services law and, in appropriate cases,
establishing support obligations pursuant to the social services law and
the family court act or similar provision of law of another jurisdiction
for the purpose of evaluating the effect on earnings of participation in
employment, training or other programs designed to promote self-suffici-
ency authorized pursuant to the social services law by current recipi-
ents of public assistance and care and by former applicants and recipi-
ents of public assistance and care, (except that with regard to former
recipients, information which relates to a particular former recipient
shall be provided with client identifying data deleted), to the state
office of temporary and disability assistance for the purpose of deter-
mining the eligibility of any child in the custody, care and custody or
custody and guardianship of a local social services district or of the
office of children and family services for federal payments for foster
care and adoption assistance pursuant to the provisions of title IV-E of
the federal social security act by providing information with respect to
the parents, the stepparents, the child and the siblings of the child
who were living in the same household as such child during the month
that the court proceedings leading to the child's removal from the
household were initiated, or the written instrument transferring care
and custody of the child pursuant to the provisions of section three
hundred fifty-eight-a or three hundred eighty-four-a of the social
services law was signed, provided however that the office of temporary
and disability assistance shall only use the information obtained pursu-
ant to this subdivision for the purpose of determining the eligibility
of such child for federal payments for foster care and adoption assist-
ance pursuant to the provisions of title IV-E of the federal social
security act, and to the state department of labor, or other individuals
designated by the commissioner of labor, for the purpose of the adminis-
tration of such department's unemployment insurance program, employment
services program, federal and state employment and training programs,
employment statistics and labor market information programs, worker
protection programs, federal programs for which the department has
administrative responsibility or for other purposes deemed appropriate
by the commissioner of labor consistent with the provisions of the labor
law, and redisclosure of such information in accordance with the
provisions of sections five hundred thirty-six and five hundred thirty-
seven of the labor law, or the furnishing of information, which is
obtained from the wage reporting system operated pursuant to section one
hundred seventy-one-a of this chapter, as added by chapter five hundred
forty-five of the laws of nineteen hundred seventy-eight, to the state
office of temporary and disability assistance so that it may furnish
such information to public agencies of other jurisdictions with which
the state office of temporary and disability assistance has an agreement
pursuant to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, and to the state office of temporary and
disability assistance for the purpose of fulfilling obligations and
responsibilities otherwise incumbent upon the state department of labor,
under section one hundred twenty-four of the federal family support act
of nineteen hundred eighty-eight, by giving the federal parent locator
service, maintained by the federal department of health and human
A. 8952 6
services, prompt access to such information as required by such act, or
to the state department of health to verify eligibility under the child
health insurance plan pursuant to subdivisions two and two-a of section
two thousand five hundred eleven of the public health law, to verify
eligibility under the medical assistance and family health plus programs
pursuant to subdivision eight of section three hundred sixty-six-a and
paragraphs (b) and (d) of subdivision two of section three hundred
sixty-nine-ee of the social services law, and to verify eligibility for
the program for elderly pharmaceutical insurance coverage under title
three of article two of the elder law, or to the office of vocational
and educational services for individuals with disabilities of the educa-
tion department, the commission for the blind and visually handicapped
and any other state vocational rehabilitation agency, for purposes of
obtaining reimbursement from the federal social security administration
for expenditures made by such office, commission or agency on behalf of
disabled individuals who have achieved economic self-sufficiency or to
the higher education services corporation for the purpose of assisting
the corporation in default prevention and default collection of educa-
tion loan debt, including judgments, owed to the federal or New York
state government; provided, however, that such information shall be
limited to the names, social security numbers, home and/or business
addresses, and employer names of defaulted or delinquent student loan
borrowers.
Provided, however, that with respect to employee information the
office of temporary and disability assistance shall only be furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients of benefits under the
social services law, or similar provision of law of another jurisdiction
(pursuant to an agreement under subdivision three of section twenty of
the social services law) or, (B) absent parents or other persons legally
responsible for the support of applicants for or recipients of public
assistance and care under the social services law or similar provision
of law of another jurisdiction (pursuant to an agreement under subdivi-
sion three of section twenty of the social services law), or (C) persons
legally responsible for the support of a recipient of services under
section one hundred eleven-g of the social services law or similar
provision of law of another jurisdiction (pursuant to an agreement under
subdivision three of section twenty of the social services law), or (D)
employees about whom wage reporting system information is being
furnished to public agencies of other jurisdictions, with which the
state office of temporary and disability assistance has an agreement
pursuant to paragraph (h) or (i) of subdivision three of section twenty
of the social services law, or (E) employees about whom wage reporting
system information is being furnished to the federal parent locator
service, maintained by the federal department of health and human
services, for the purpose of enabling the state office of temporary and
disability assistance to fulfill obligations and responsibilities other-
wise incumbent upon the state department of labor, under section one
hundred twenty-four of the federal family support act of nineteen
hundred eighty-eight, and, only if, the office of temporary and disabil-
ity assistance certifies to the commissioner that such persons are such
applicants, recipients, absent parents or persons legally responsible
for support or persons about whom information has been requested by a
public agency of another jurisdiction or by the federal parent locator
service and further certifies that in the case of information requested
under agreements with other jurisdictions entered into pursuant to
A. 8952 7
subdivision three of section twenty of the social services law, that
such request is in compliance with any applicable federal law. Provided,
further, that where the office of temporary and disability assistance
requests employee information for the purpose of evaluating the effects
on earnings of participation in employment, training or other programs
designed to promote self-sufficiency authorized pursuant to the social
services law, the office of temporary and disability assistance shall
only be furnished with the quarterly gross wages (excluding any refer-
ence to the name, social security number or any other information which
could be used to identify any employee or the name or identification
number of any employer) paid to employees who are former applicants for
or recipients of public assistance and care and who are so certified to
the commissioner by the commissioner of the office of temporary and
disability assistance. Provided, further, that with respect to employee
information, the department of health shall only be furnished with the
information required pursuant to the provisions of paragraph (f) of
subdivision two and subdivision two-a of section two thousand five
hundred eleven of the public health law and subdivision eight of section
three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two
of section three hundred sixty-nine-ee of the social services law, with
respect to those individuals whose eligibility under the child health
insurance plan, medical assistance program, and family health plus
program is to be determined pursuant to such provisions and with respect
to those members of any such individual's household whose income affects
such individual's eligibility and who are so certified to the commis-
sioner or by the department of health. Provided, further, that wage
reporting information shall be furnished to the office of vocational and
educational services for individuals with disabilities of the education
department, the commission for the blind and visually handicapped and
any other state vocational rehabilitation agency only if such office,
commission or agency, as applicable, certifies to the commissioner that
such information is necessary to obtain reimbursement from the federal
social security administration for expenditures made on behalf of disa-
bled individuals who have achieved self-sufficiency. Reports and returns
shall be preserved for three years and thereafter until the commissioner
orders them to be destroyed.
S 6. Section 451 of the family court act, as amended by chapter 533 of
the laws of 1999, is amended to read as follows:
S 451. Continuing jurisdiction. 1. Except as provided in article
five-B of this act, the court has continuing jurisdiction over any
support proceeding brought under this article until its judgment is
completely satisfied and may modify, set aside or vacate any order
issued in the course of the proceeding, provided, however, that the
modification, set aside or vacatur shall not reduce or annul child
support arrears accrued prior to the making of an application pursuant
to this section. The court shall not reduce or annul any other arrears
unless the defaulting party shows good cause for failure to make appli-
cation for relief from the judgment or order directing payment prior to
the accrual of the arrears, in which case the facts and circumstances
constituting such good cause shall be set forth in a written memorandum
of decision. A modification may increase support payments nunc pro tunc
as of the date of the initial application for support based on newly
discovered evidence. Any retroactive amount of support due shall be paid
[in one lump sum or periodic sums, as the court directs, taking into
account any amount of support which has been paid] AND BE ENFORCEABLE AS
PROVIDED IN SECTION FOUR HUNDRED FORTY OF THIS ARTICLE. Upon an applica-
A. 8952 8
tion to modify, set aside or vacate an order of support, no hearing
shall be required unless such application shall be supported by affida-
vit and other evidentiary material sufficient to establish a prima facie
case for the relief requested.
2. (A) THE COURT MAY MODIFY AN ORDER OF CHILD SUPPORT, INCLUDING AN
ORDER INCORPORATING WITHOUT MERGING AN AGREEMENT OR STIPULATION OF THE
PARTIES, UPON A SHOWING OF A SUBSTANTIAL CHANGE IN CIRCUMSTANCES.
INCARCERATION SHALL NOT BE A BAR TO FINDING A SUBSTANTIAL CHANGE IN
CIRCUMSTANCES PROVIDED SUCH INCARCERATION IS NOT THE RESULT OF NON-PAY-
MENT OF A CHILD SUPPORT ORDER, OR AN OFFENSE AGAINST THE CUSTODIAL
PARENT OR CHILD WHO IS THE SUBJECT OF THE ORDER OR JUDGMENT.
(B) IN ADDITION, UNLESS THE PARTIES HAVE SPECIFICALLY OPTED OUT OF THE
FOLLOWING PROVISIONS IN A VALIDLY EXECUTED AGREEMENT OR STIPULATION
ENTERED INTO BETWEEN THE PARTIES, THE COURT MAY MODIFY AN ORDER OF CHILD
SUPPORT WHERE:
(I) THREE YEARS HAVE PASSED SINCE THE ORDER WAS ENTERED, LAST MODIFIED
OR ADJUSTED; OR
(II) THERE HAS BEEN A CHANGE IN EITHER PARTY'S GROSS INCOME BY FIFTEEN
PERCENT OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR ADJUSTED.
A REDUCTION IN INCOME SHALL NOT BE CONSIDERED AS A GROUND FOR MODIFICA-
TION UNLESS IT WAS INVOLUNTARY AND THE PARTY HAS MADE DILIGENT ATTEMPTS
TO SECURE EMPLOYMENT COMMENSURATE WITH HIS OR HER EDUCATION, ABILITY,
AND EXPERIENCE.
S 7. Paragraph b of subdivision 9 of part B of section 236 of the
domestic relations law, as amended by chapter 354 of the laws of 1993,
is amended to read as follows:
b. (1) Upon application by either party, the court may annul or modify
any prior order or judgment as to maintenance [or child support], upon a
showing of the recipient's inability to be self-supporting or a substan-
tial change in circumstance or termination of child support awarded
pursuant to section two hundred forty of this article, including finan-
cial hardship. Where, after the effective date of this part, a sepa-
ration agreement remains in force no modification of a prior order or
judgment incorporating the terms of said agreement shall be made as to
maintenance without a showing of extreme hardship on either party, in
which event the judgment or order as modified shall supersede the terms
of the prior agreement and judgment for such period of time and under
such circumstances as the court determines. [Provided, however, that no
modification or annulment shall reduce or annul any arrears of child
support which have accrued prior to the date of application to annul or
modify any prior order or judgment as to child support.] The court shall
not reduce or annul any arrears of maintenance which have been reduced
to final judgment pursuant to section two hundred forty-four of this
[chapter] ARTICLE. No other arrears of maintenance which have accrued
prior to the making of such application shall be subject to modification
or annulment unless the defaulting party shows good cause for failure to
make application for relief from the judgment or order directing such
payment prior to the accrual of such arrears and the facts and circum-
stances constituting good cause are set forth in a written memorandum of
decision. Such modification may increase maintenance [or child support]
nunc pro tunc as of the date of application based on newly discovered
evidence. Any retroactive amount of maintenance[, or child support] due
shall, except as provided for herein, be paid in one sum or periodic
sums, as the court directs, taking into account any temporary or partial
payments which have been made. [Any retroactive amount of child support
due shall be support arrears/past due support. In addition, such retro-
A. 8952 9
active child support shall be enforceable in any manner provided by law
including, but not limited to, an execution for support enforcement
pursuant to subdivision (b) of section fifty-two hundred forty-one of
the civil practice law and rules. When a child receiving support is a
public assistance recipient, or the order of support is being enforced
or is to be enforced pursuant to section one hundred eleven-g of the
social services law, the court shall establish the amount of retroactive
child support and notify the parties that such amount shall be enforced
by the support collection unit pursuant to an execution for support
enforcement as provided for in subdivision (b) of section fifty-two
hundred forty-one of the civil practice law and rules, or in such peri-
odic payments as would have been authorized had such an execution been
issued. In such case, the court shall not direct the schedule of repay-
ment of retroactive support.] The provisions of this subdivision shall
not apply to a separation agreement made prior to the effective date of
this part.
(2) (I) THE COURT MAY MODIFY AN ORDER OF CHILD SUPPORT, INCLUDING AN
ORDER INCORPORATING WITHOUT MERGING AN AGREEMENT OR STIPULATION OF THE
PARTIES, UPON A SHOWING OF A SUBSTANTIAL CHANGE IN CIRCUMSTANCES. INCAR-
CERATION SHALL NOT BE A BAR TO FINDING A SUBSTANTIAL CHANGE IN CIRCUM-
STANCES PROVIDED SUCH INCARCERATION IS NOT THE RESULT OF NON-PAYMENT OF
A CHILD SUPPORT ORDER, OR AN OFFENSE AGAINST THE CUSTODIAL PARENT OR
CHILD WHO IS THE SUBJECT OF THE ORDER OR JUDGMENT.
(II) IN ADDITION, UNLESS THE PARTIES HAVE SPECIFICALLY OPTED OUT OF
THE FOLLOWING PROVISIONS IN A VALIDLY EXECUTED AGREEMENT OR STIPULATION
ENTERED INTO BETWEEN THE PARTIES, THE COURT MAY MODIFY AN ORDER OF CHILD
SUPPORT WHERE:
(A) THREE YEARS HAVE PASSED SINCE THE ORDER WAS ENTERED, LAST MODIFIED
OR ADJUSTED; OR
(B) THERE HAS BEEN A CHANGE IN EITHER PARTY'S GROSS INCOME BY FIFTEEN
PERCENT OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR ADJUSTED.
A REDUCTION IN INCOME SHALL NOT BE CONSIDERED AS A GROUND FOR MODIFICA-
TION UNLESS IT WAS INVOLUNTARY AND THE PARTY HAS MADE DILIGENT ATTEMPTS
TO SECURE EMPLOYMENT COMMENSURATE WITH HIS OR HER EDUCATION, ABILITY,
AND EXPERIENCE.
(III) NO MODIFICATION OR ANNULMENT SHALL REDUCE OR ANNUL ANY ARREARS
OF CHILD SUPPORT WHICH HAVE ACCRUED PRIOR TO THE DATE OF APPLICATION TO
ANNUL OR MODIFY ANY PRIOR ORDER OR JUDGMENT AS TO CHILD SUPPORT. SUCH
MODIFICATION MAY INCREASE CHILD SUPPORT NUNC PRO TUNC AS OF THE DATE OF
APPLICATION BASED ON NEWLY DISCOVERED EVIDENCE. ANY RETROACTIVE AMOUNT
OF CHILD SUPPORT DUE SHALL, EXCEPT AS PROVIDED FOR IN THIS SUBPARAGRAPH,
BE PAID IN ONE SUM OR PERIODIC SUMS, AS THE COURT DIRECTS, TAKING INTO
ACCOUNT ANY TEMPORARY OR PARTIAL PAYMENTS WHICH HAVE BEEN MADE. ANY
RETROACTIVE AMOUNT OF CHILD SUPPORT DUE SHALL BE SUPPORT ARREARS/PAST
DUE SUPPORT. IN ADDITION, SUCH RETROACTIVE CHILD SUPPORT SHALL BE
ENFORCEABLE IN ANY MANNER PROVIDED BY LAW INCLUDING, BUT NOT LIMITED TO,
AN EXECUTION FOR SUPPORT ENFORCEMENT PURSUANT TO SUBDIVISION (B) OF
SECTION FIFTY-TWO HUNDRED FORTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
WHEN A CHILD RECEIVING SUPPORT IS A PUBLIC ASSISTANCE RECIPIENT, OR THE
ORDER OF SUPPORT IS BEING ENFORCED OR IS TO BE ENFORCED PURSUANT TO
SECTION ONE HUNDRED ELEVEN-G OF THE SOCIAL SERVICES LAW, THE COURT SHALL
ESTABLISH THE AMOUNT OF RETROACTIVE CHILD SUPPORT AND NOTIFY THE PARTIES
THAT SUCH AMOUNT SHALL BE ENFORCED BY THE SUPPORT COLLECTION UNIT PURSU-
ANT TO AN IMMEDIATE EXECUTION FOR SUPPORT ENFORCEMENT AS PROVIDED FOR BY
THIS CHAPTER, OR IN SUCH PERIODIC PAYMENTS AS WOULD HAVE BEEN AUTHORIZED
A. 8952 10
HAD SUCH AN EXECUTION BEEN ISSUED. IN SUCH CASE, THE COURT SHALL NOT
DIRECT THE SCHEDULE OF REPAYMENT OF RETROACTIVE SUPPORT.
S 8. Subdivision 4 of section 440 of the family court act, as amended
by chapter 398 of the laws of 1997, is amended to read as follows:
4. Any support order made by the court in any proceeding under the
provisions of article five-B of this act, pursuant to a reference from
the supreme court under section two hundred fifty-one of the domestic
relations law or under the provisions of THIS article [four,] OR ARTICLE
five or five-A of this act shall include, on its face, a notice printed
or typewritten in a size equal to at least eight point bold type:
(A) informing the respondent that a willful failure to obey the order
may, after court hearing, result in commitment to jail for a term not to
exceed six months for contempt of court[.], AND
(B) INFORMING THE PARTIES OF THEIR RIGHT TO SEEK A MODIFICATION OF THE
CHILD SUPPORT ORDER UPON A SHOWING OF:
(I) A SUBSTANTIAL CHANGE IN CIRCUMSTANCES; OR
(II) THAT THREE YEARS HAVE PASSED SINCE THE ORDER WAS ENTERED, LAST
MODIFIED OR ADJUSTED; OR
(III) THERE HAS BEEN A CHANGE IN EITHER PARTY'S GROSS INCOME BY
FIFTEEN PERCENT OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR
ADJUSTED;
HOWEVER, IF THE PARTIES HAVE SPECIFICALLY OPTED OUT OF SUBPARAGRAPH (II)
OR (III) OF THIS PARAGRAPH IN A VALIDLY EXECUTED AGREEMENT OR STIPU-
LATION, THEN THAT BASIS TO SEEK MODIFICATION DOES NOT APPLY.
S 9. Subdivision 7 of part B of section 236 of the domestic relations
law is amended by adding a new paragraph d to read as follows:
D. ANY CHILD SUPPORT ORDER MADE BY THE COURT IN ANY PROCEEDING UNDER
THE PROVISIONS OF THIS SECTION SHALL INCLUDE, ON ITS FACE, A NOTICE
PRINTED OR TYPEWRITTEN IN A SIZE EQUAL TO AT LEAST EIGHT POINT BOLD TYPE
INFORMING THE PARTIES OF THEIR RIGHT TO SEEK A MODIFICATION OF THE CHILD
SUPPORT ORDER UPON A SHOWING OF:
(I) A SUBSTANTIAL CHANGE IN CIRCUMSTANCES; OR
(II) THAT THREE YEARS HAVE PASSED SINCE THE ORDER WAS ENTERED, LAST
MODIFIED OR ADJUSTED; OR
(III) THERE HAS BEEN A CHANGE IN EITHER PARTY'S GROSS INCOME BY
FIFTEEN PERCENT OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR
ADJUSTED;
HOWEVER, IF THE PARTIES HAVE SPECIFICALLY OPTED OUT OF SUBPARAGRAPH (II)
OR (III) OF THIS PARAGRAPH IN A VALIDLY EXECUTED AGREEMENT OR STIPU-
LATION, THEN THAT BASIS TO SEEK MODIFICATION DOES NOT APPLY.
S 10. The family court act is amended by adding a new section 437-a to
read as follows:
S 437-A. REFERRAL TO WORK PROGRAMS. IN ANY PROCEEDING TO ESTABLISH AN
ORDER OF SUPPORT, IF THE RESPONDENT IS UNEMPLOYED, THE COURT MAY REQUIRE
THE RESPONDENT TO SEEK EMPLOYMENT, OR TO PARTICIPATE IN JOB TRAINING,
EMPLOYMENT COUNSELING OR OTHER PROGRAMS DESIGNED TO LEAD TO EMPLOYMENT
PROVIDED SUCH PROGRAMS ARE AVAILABLE. THE COURT SHALL NOT REQUIRE THE
RESPONDENT TO SEEK EMPLOYMENT OR TO PARTICIPATE IN JOB TRAINING, EMPLOY-
MENT COUNSELING, OR OTHER PROGRAMS DESIGNED TO LEAD TO EMPLOYMENT UNDER
THIS SECTION IF THE RESPONDENT IS IN RECEIPT OF SUPPLEMENTAL SECURITY
INCOME OR SOCIAL SECURITY DISABILITY BENEFITS.
S 11. Section 111-h of the social services law is amended by adding a
new subdivision 20 to read as follows:
20. IF THE RESPONDENT 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
A. 8952 11
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 RESPONDENT'S INCOME IS
DERIVED FROM PARTICIPATION IN SUCH PROGRAMS.
S 12. Subdivision (b) of section 461 of the family court act is
amended to read as follows:
(b) If an order of the supreme court or of another court of competent
jurisdiction requires support of the child, the family court may:
(i) entertain an application to enforce the order requiring support;
or
(ii) entertain an application to modify such order [on the ground that
changed circumstances requires such modification] AS PROVIDED UNDER
SUBDIVISION TWO OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE,
unless the order of the supreme court provides that the supreme court
retains exclusive jurisdiction to enforce or modify the order.
S 13. This act shall take effect on the ninetieth day after it shall
have become law; provided however, that sections six and seven of this
act shall apply to any action or proceeding to modify any order of child
support entered on or after the effective date of this act except that
if the child support order incorporated without merging a valid agree-
ment or stipulation of the parties, the amendments regarding the modifi-
cation of a child support order set forth in sections six and seven of
this act shall only apply if the incorporated agreement or stipulation
was executed on or after this act's effective date; provided however,
that sections three and four of this act shall take effect on the three
hundred sixty-fifth day after it shall have become a law.