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This entry was published on 2014-09-22
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SECTION 1613-A
Crediting of lottery prizes against past-due support
Tax (TAX) CHAPTER 60, ARTICLE 34
§ 1613-a. Crediting of lottery prizes against past-due support. (1)
The director of the lottery, on behalf of the division of the lottery,
shall enter into a written agreement with the commissioner of the office
of temporary and disability assistance, on behalf of the state office of
temporary and disability assistance, which shall set forth the
procedures for crediting any lottery prize of six hundred dollars or
more awarded to an individual, estate or trust against past-due support
owed by such individual, estate or trust of which the director of the
lottery has been notified by the commissioner of the office of temporary
and disability assistance pursuant to the provisions of such agreement.

(2) Such agreement shall apply to past-due support which is owed to
persons or entities entitled to enforce an order of support with respect
to persons receiving services pursuant to title six-A of article three
of the social services law. For purposes of this section, an "order of
support" means any final order, decree or judgment in a matrimonial
action or family court proceeding, or any foreign support order, decree
or judgment which is registered pursuant to article five-B of the family
court act, which requires the payment of alimony, maintenance, support
or child support. For purposes of this section, "past-due support" means
the amount of a delinquency determined from an order of support no
longer subject to appellate judicial review.

(3) Such agreement shall include:

(a) the procedure under which the state office of temporary and
disability assistance shall notify the division of the lottery of
liability for past-due support, such procedure to specify when the
division of the lottery shall be notified and the content of such
notification;

(b) the minimum period of delinquency in payment of past-due support
and the minimum amount of past-due support with respect to which the
division of the lottery shall, pursuant to this section, credit any
lottery prize of six hundred dollars or more against past-due support;

(c) the procedure for reimbursement of the division of the lottery by
the state office of temporary and disability assistance for the full
cost of carrying out the procedures authorized by this section; and

(d) such other matters as the parties to such agreement shall deem
necessary to carry out the provisions of this section.

(4) Prior to awarding any lottery prize of six hundred dollars or
more, the division of the lottery shall review the notice of liability
of past-due support provided by the state office of temporary and
disability assistance. For each lottery prize winner identified on such
notice as an individual, estate or trust owing past-due support, the
lottery division shall credit to the state office of temporary and
disability assistance such amount of the prize to satisfy the past-due
support, and any remainder shall be awarded to the prize winner. In
cases where the prize winner owes past-due support to more than one
person or entity, and the total amount of past-due support provided in
the notice of liability of past-due support to the division of the
lottery by the state office of temporary and disability assistance
exceeds the balance remaining, each such person or entity shall receive
a pro rata share of the balance remaining, such share to be based on the
amount of past-due support owed to such person or entity as provided to
the division of the lottery by such office pursuant to this section. The
state office of temporary and disability assistance shall be responsible
for determining and distributing each person's or entity's pro rata
share of past-due support pursuant to regulations of such office.

(5) The division of the lottery shall certify to the comptroller the
total amount of the lottery prize winning to be credited against
past-due support and the remainder of such prize winning to be awarded
to the prize winner.

(6) The division of the lottery shall notify the prize winner in
writing of the total amount of the lottery prize winning to be credited
against past-due support and the remainder of such prize winning to be
awarded to the prize winner. Such notice shall further advise the prize
winner that the office of temporary and disability assistance shall
provide separate notice, in writing, to the prize winner of the
procedure for and time frame by which the prize winner may contest such
crediting.

(7) The office of temporary and disability assistance shall notify the
prize winner in writing, of the amount of such prize winning to be
credited against past-due support and the procedure and time frame by
which the prize winner may contest such crediting based on defenses that
are not subject to family court jurisdiction. Such procedure shall
include the address and telephone number of the local department of
social services' support collection unit which may be contacted with
respect to correction of any error in such crediting concerning such
individual's, estate's or trust's liability for past-due support or with
respect to payment of such liability.

(8) (a) For purposes of this section, past-due support owed to persons
who are receiving services pursuant to title six-A of article three of
the social services law may include:

(i) amounts representing delinquencies which have accrued under a
court order of support; or

(ii) with respect to any court order of support made which establishes
an arrears amount, the entire amount of such arrears.

(b) For the purpose of the state child support enforcement program,
any payment made by a respondent which is insufficient to fully satisfy
both the current support obligations and a periodic payment toward the
balance of any arrears amount established by court order shall be first
applied toward the current support obligation or any delinquency thereon
and then toward the periodic payment on any arrears amount established
by court order unless otherwise required by federal regulation.

(9) From the time the division of the lottery is notified by the state
office of temporary and disability assistance of an individual's,
estate's or trust's liability for past-due support under the agreement
provided for in this section, the division of the lottery and the
department shall be relieved from all liability to such individual,
estate or trust, their assigns, successors, heirs or representatives for
the amount of any lottery prize winning of six hundred dollars or more
certified to the comptroller to be credited against past-due support and
such individual, estate or trust shall have no right to commence a court
action or proceeding or to any other legal recourse against the division
of the lottery or the department to recover such overpayment or such
interest certified to the comptroller to be credited against past-due
support. Provided, however, nothing herein shall be construed to
prohibit such individual, estate or trust from proceeding against the
state office of temporary and disability assistance or the appropriate
local social services district to recover that part of such overpayment
or interest thereon so certified to the comptroller to be credited
against past-due support which is greater than the amount of past-due
support owed by such individual, estate or trust on the date of such
certification.

(10) The division of the lottery shall promulgate such rules and
regulations as it deems necessary to carry out the provisions of this
section.