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This entry was published on 2014-09-22
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SECTION 171-I
Enforcement of child support and combined child and spousal support arrears
Tax (TAX) CHAPTER 60, ARTICLE 8
§ 171-i. Enforcement of child support and combined child and spousal
support arrears. 1. The commissioner, on behalf of the department, shall
enter into a written agreement with the commissioner of the office of
temporary and disability assistance, on behalf of the office of
temporary and disability assistance, which shall set forth the
procedures for the department to collect child support and combined
child and spousal support arrears.

2. Such agreement shall include:

(a) the criteria for determining cases subject to referral to the
department for enforcement which shall not include cases for which
payments are being received by the support collection unit as a result
of an income execution issued pursuant to section five thousand two
hundred forty-one of the civil practice law and rules, and shall not
include cases in which the obligor has not accumulated support arrears
equivalent to or greater than four months, but shall include cases which
meet any of the following criteria:

(i) cases in which the obligor has accumulated support arrears
equivalent to or greater than four months; or

(ii) cases with support arrears, notwithstanding the amount of such
arrears, selected by the support collection unit for referral consistent
with this section, in consultation with the department and the office of
temporary and disability assistance;

(b) the procedures and criteria under which the office of temporary
and disability assistance and the department shall identify cases to be
referred to the department for enforcement;

(c) the procedure under which the office of temporary and disability
assistance shall notify and update the commissioner of an obligor's
liability for support arrears;

(d) the procedures by which the department and the office of temporary
and disability assistance shall coordinate their support enforcement
activities;

(e) the procedures by which the department notifies the office of
temporary and disability assistance of monies collected and remits such
monies to the office of temporary and disability assistance or their
fiscal agent for distribution to the appropriate support collection
units;

(f) the procedure under which the commissioner shall be notified by
the office of temporary and disability assistance that an obligor has
satisfied his or her support arrears;

(g) the procedure under which the department and the office of
temporary and disability assistance shall provide notification to the
other or to the support collection unit of the office of temporary and
disability assistance of any information with regard to an obligor's
address, income, or employment, or identification of assets which may be
subject to enforcement by such support collection unit or by the
department;

(h) the procedure for the publicizing of sanctions for nonpayment of
support, including enforcement of support arrears by the department; and

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

3. The office of temporary and disability assistance shall send a
notice by first class mail to the last known address or such other place
where a support obligor is likely to receive notice, no later than
thirty days prior to the date the office of temporary and disability
assistance notifies the commissioner of such obligor's liability for
support arrears. Such notice shall provide:

(a) that such obligor can avoid notification by the office of
temporary and disability assistance to the commissioner by fully
satisfying the support arrears or by complying with such other
requirements as is provided for in paragraph (d) of subdivision fifteen
of section one hundred eleven-b of the social services law; and

(b) the address and telephone number of the support collection unit
which such obligor may contact to request information or to arrange for
payment of the support arrears.

4. Upon receipt of notification from the office of temporary and
disability assistance of an obligor's eligibility for enforcement of
support arrears by the department, the commissioner or his or her agent
is authorized to initiate enforcement of such arrears. When such
notification is made to the commissioner, the department shall be deemed
to have obtained a judgment against such obligor for the full amount of
the support arrears stated in such notice and any subsequent arrears
which may become due. The department may enforce the judgment thereby
obtained with like effect and in the same manner prescribed by this
chapter for the collection of tax assessment eligible to be docketed
under this chapter as a warrant, except that any payment made by the
support obligor to the department to satisfy support arrears shall be
paid over by the department to the office of temporary and disability
assistance or its fiscal agent for distribution to the appropriate
support collection unit. Where the sum collected by the department
exceeds the amount of the support arrears, and the support obligator
also has a liability in respect of any tax, fee or other imposition
imposed by or pursuant to the authority of this chapter or any other law
if such tax, fee or other imposition is administered by the
commissioner, the department may credit such excess against such
liability.

5. (a) For purposes of the confidentiality provisions of this chapter,
enforcement activities undertaken by the department pursuant to this
section shall be considered to be court actions or proceedings under
this chapter.

(b) Notwithstanding anything to the contrary contained in the
confidentiality provisions of this chapter, the department may furnish
the office of temporary and disability assistance or the support
collection unit with the information described in paragraph (g) of
subdivision two of this section regarding a support obligor whose case
has been referred to the commissioner for enforcement pursuant to this
section. The office of temporary and disability assistance or the
support collection unit, as applicable, may redisclose such information
only to the extent necessary to secure the collection of support arrears
from such obligor.

6. Activities to enforce support arrears undertaken by the department
pursuant to this section shall not in any way limit, restrict or impair
the office of temporary and disability assistance from exercising its
authority to enforce support arrears under applicable laws; provided,
however, that the department and the office of temporary and disability
assistance shall coordinate their support enforcement activities in a
way designed to minimize duplication of effort and maximize collection
of support arrears.

7. If, following referral of an obligor's case to the commissioner,
such obligor commences an administrative or quasi-judicial proceeding or
any civil proceeding against the department or the commissioner
challenging such referral, then the office of temporary and disability
assistance and the commissioner of the office of temporary and
disability assistance shall be substituted as respondents or defendants
in such proceeding, as the case may be. The department shall be bound by
any decision in such proceeding which is no longer subject to
administrative or quasi-judicial review. Neither the department nor the
commissioner shall be liable for any damages sustained by reason of such
referral.

8. Notwithstanding any provision of law to the contrary, a payment of
support arrears made to the department pursuant to the provisions of
this section shall be deemed to be a payment of such arrears to the
office of temporary and disability assistance or its fiscal agent.