N.Y. Soc. Serv. Law § 111-h
Support collection unit
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 111-h. Support collection unit. 1. Each social services district\nshall establish a support collection unit in accordance with regulations\nof the department to collect, account for and disburse funds paid\npursuant to any order of child support or child and spousal support\nissued under the provisions of section two hundred thirty-six or two\nhundred forty of the domestic relations law, or article four, five,\nfive-A or five-B of the family court act; provided however, that the\ndepartment, subject to availability of funds, shall furnish centralized\ncollection and disbursement services for and on behalf of each social\nservices district. Until such time as the department performs collection\nand disbursement functions for a particular social services district,\nthat social services district shall continue to perform those functions.\n * 2. The support collection unit shall inform the petitioner and\nrespondent of any case in which a required payment has not been made\nwithin two weeks after it was due and shall assist in securing voluntary\ncompliance with such orders or in preparation and submission of a\npetition for a violation of a support order. Upon the written request of\nthe debtor, the support collection unit shall issue an income execution\nas provided in section fifty-two hundred forty-one of the civil practice\nlaw and rules, except that the provisions of subdivisions (d) and (e)\nthereof shall not apply. Upon receipt of written revocation of such\nrequest, the support collection unit shall notify the employer or income\npayor that the levy is no longer effective, and the execution shall be\nreturned.\n * NB There are 2 sb 2's\n * 2. The support collection unit shall establish a system that will\nallow it to inform the petitioner and respondent of any case in which a\nrequired payment has not been made within two weeks after it was due and\nto assist in securing voluntary compliance with such orders or in\npreparation and submission of a petition for a violation of a support\norder, and shall implement such system no later than July first,\nnineteen hundred seventy-eight based on a plan submitted to and approved\nby the department on or before December first, nineteen hundred\nseventy-seven.\n * NB Expired January 1, 1978 (There are 2 sb 2's)\n 3. The support collection unit shall require that a person applying\nfor child support enforcement services provide his or her name, address\nand social security number and disclose whether he or she is in receipt\nof safety net assistance or family assistance; provided, however, that a\nsocial security number may be required only where permitted under\nfederal law.\n 4. Any and all moneys paid into the support collection unit pursuant\nto an order of support made under the family court act or the domestic\nrelations law, where the petitioner is not a recipient of public\nassistance, shall upon payment into such support collection unit be\ndeemed for all purposes to be the property of the person for whom such\nmoney is to be paid.\n 5. With respect to any funds paid to the support collection unit\nestablished by a social services district pursuant to an order of\nsupport under the provisions of article four, five, five-A or five-B of\nthe family court act and which have remained unclaimed for not less than\ntwo years after diligent effort to locate the person entitled to such\nfunds, the family court may enter an order decreeing\n (a) that the funds be returned to the person who paid the funds\npursuant to the order of support, or\n (b) that the funds be deposited with the county treasurer or\ncommissioner of finance of the city of New York, whose duty it shall be\nto receive such funds and invest them for a period of five years in such\nsecurities as are specified by law for investment by savings banks, the\ninterest on such securities to accrue and become part of such funds.\n 6. If a claimant proves to the satisfaction of the family court within\nfive years after the deposit of funds under paragraph (b) of subdivision\nfive of this section his just and legal claim to any part of the funds,\nthe court may require that repayment shall be made to the claimant as\nprovided by order of the court. The clerk of the court shall issue a\ncertificate under the official seal of the court embodying the terms and\nprovisions of the order and transmit the certificate to the office of\nthe county treasurer or commissioner of finance of the city of New York\nwith whom the funds were deposited. The certificate shall constitute the\nauthority of the county treasurer or commissioner of finance of the city\nof New York for making such repayment.\n 7. Upon the expiration of five years from the date of deposit with the\ncounty treasurer or commissioner of finance of the city of New York\nunder paragraph (b) of subdivision five of this section, all such funds\nremaining in the custody of the county treasurer or commissioner of\nfinance of the city of New York shall be paid to the state comptroller\npursuant to the provisions of section six hundred two of the abandoned\nproperty law and such payment shall be accomplished by the report\nrequired by section six hundred three of the abandoned property law.\n 8. Banks and other fiduciary institutions are authorized and required\nto report to the support collection unit, when so requested, full\ninformation relative to any fund therein deposited by a petitioner or\nrespondent in a proceeding under section two hundred thirty-six or two\nhundred forty of the domestic relations law or article five-B of the\nfamily court act, where there is an order of support payable through the\nsupport collection unit or article four, five or five-A of the family\ncourt act.\n 9. Employers are authorized and required to report to the support\ncollection unit, when so requested, full information as to the earnings\nof a petitioner or respondent in a proceeding under section two hundred\nthirty-six or two hundred forty of the domestic relations law or article\nfive-B of the family court act, where there is an order of support\npayable through the support collection unit or article four, five,\nfive-A or five-B of the family court act. Employers also are authorized\nand required to report to the support collection unit, when so\nrequested, information relating to any group health plans available for\nthe provision of care or other medical benefits by insurance or\notherwise for the benefit of the employee and/or the child or children\nfor whom such parties are legally responsible for support.\n 10. The support collection unit is authorized and required to report\nto the family court, when so requested, full information relative to\namounts paid or any arrearages by a respondent in a proceeding under\narticles four, five, five-A or article five-B of the family court act.\n 11. The department may provide for the performance of the collection\nand disbursement functions of the support collection units by contract\nwith a fiscal agent. For purposes of any reference to support collection\nunit in this chapter or any other law, the fiscal agent under contract\nwith the department shall be deemed to be part of all support collection\nunits for which the fiscal agent performs collection and disbursement\nfunctions.\n 12. In any case where the child support order was issued prior to\nSeptember fifteenth, nineteen hundred eighty-nine in which there is an\nassignment of support rights or in which a request for an adjustment\nreview is made, the support collection unit shall initiate a one-time\nreview of the order for adjustment purposes unless: (i) the child is in\nreceipt of public assistance, and the support collection unit determines\nthat such review would not be in the best interest of the child or the\ncustodial parent, and neither parent has requested review; or (ii) the\nchild is not in receipt of public assistance and neither parent has\nrequested such review. The support collection unit shall conduct such\nreview in a manner consistent with section four hundred thirteen of the\nfamily court act and subdivision one-b of section two hundred forty of\nthe domestic relations law, commonly referred to as the child support\nguidelines, and the definition of adjustment as set forth in subdivision\nthree of section four hundred thirteen of the family court act and\nparagraph b of subdivision one of section two hundred forty of the\ndomestic relations law.\n 13. Upon the conclusion of the adjustment review, the support\ncollection unit shall send the findings of such review by first class\nmail to the parties, together with a notice describing the rights of the\nparties to seek adjustment pursuant to applicable provisions of law.\n 14. Where the support collection unit determines that there is a basis\nfor an upward adjustment, it shall also file a proposed order together\nwith an affidavit in support thereof with the clerk of the appropriate\ncourt, and send a copy of such proposed order and affidavit by first\nclass mail to the parties.\n 15. Where the support collection unit has determined that an\nadjustment review is appropriate, and the child or children are in\nreceipt of public assistance, the unit shall, at least thirty days\nbefore the commencement of such review, notify the parties that the\nsupport collection unit will commence review, and provide notice of\ntheir obligations pursuant to subdivision sixteen of this section. Such\nnotice shall also be provided, whether or not a child is in receipt of\npublic assistance, upon a request by any party for adjustment review.\n 16. Such notice shall include a statement that the party must, within\nthirty-five days of the date of mailing of the notice, send to the\nsupport collection unit:\n (i) a current and representative paycheck stub with respect to each\nsource of employment income;\n (ii) copies of the most recently filed state and federal income tax\nreturns; and\n (iii) a sworn statement of net worth which shall also identify the\ncarrier and policy number of all health insurance currently in place,\nfor the benefit of the obligor and eligible dependents, and whether such\ncoverage has been in place for the previous year.\n The notice shall also include a statement that the party may schedule\na conference with the support collection unit and submit a written\nexplanation of his or her present tax and financial information to\ndetermine the appropriate modification, and thereby may avoid further\nadministrative and judicial proceedings.\n The notice shall also state that in the event the party fails to\nprovide such information within thirty-five days of the date of the\nmailing of the notice, the department of social services shall be\nentitled to make use of certain tax data from the commissioner of\ntaxation and finance pursuant to section one hundred seventy-one-g of\nthe tax law and section one hundred eleven-c of the social services law\nto initiate proceedings to adjust the child support order.\n 17. The department shall develop and disseminate a notice informing\nboth parties to child support orders issued prior to September\nfifteenth, nineteen hundred eighty-nine, of the availability of the\none-time adjustment of child support orders pursuant to the provisions\nof subdivision three of section four hundred thirteen of the family\ncourt act and subdivision four of section two hundred forty of the\ndomestic relations law. The department shall also develop a notice that\nshall set out the options for adjustment of child support orders issued\nprior to September fifteenth, nineteen hundred eighty-nine, and the\nmethods for exercising those options. Said notice shall be sent by first\nclass mail to persons in receipt of services pursuant to this title, and\nshall contain a reply form and envelope with postage pre-paid.\n 18. The support collection unit shall undertake a public service\ncampaign as soon as practicable to inform citizens of the possibility of\ndriver, business and professional license suspension for support\nenforcement.\n 19. (1) A support obligor may challenge in writing the correctness of\nthe determination of the support collection unit pursuant to this\nsection and section one hundred seventy-one-i of the tax law that the\nobligor's arrearage should be collected through the department of\ntaxation and finance, and in support of the challenge may submit\ndocumentation demonstrating mistaken identity, error in calculation of\narrears, financial exemption from such collection, the absence of an\nunderlying court order establishing arrears to support such\ndetermination. Such documents may include a copy of the order of support\npursuant to which the obligor claims to have made payment, other\nrelevant court orders, copies of cancelled checks, receipts for support\npayments, pay stubs or other documents identifying wage withholding,\nproof of identity, and like documents. The support collection unit shall\nreview the documentation submitted by the support obligor, shall adjust\nthe support obligor's account if appropriate, and shall notify the\nsupport obligor of the results of the review initiated in response to\nthe challenge within seventy-five days from the date of the notice\nrequired. If the support collection unit's review indicates that the\ndetermination to refer to the department of taxation and finance for\ncollection was correct, the support collection unit shall notify the\nsupport obligor of the results of the review and that the support\nobligor has thirty days from the date of such notice to satisfy the full\namount of the arrears. If the support obligor fails to do so, the\nsupport collection unit shall notify the department of taxation and\nfinance that they are authorized to commence collection of the arrears.\nThe support obligor shall be further notified that if the support\nobligor files objections to the review determination of the support\ncollection unit with the bureau of special hearings; child support unit\nof the department pursuant to subdivision sixteen of section one hundred\neleven-b of this title, and serves these objections on the support\ncollection unit within thirty days from the date of notice denying the\nchallenge, the support collection unit shall not notify the department\nof taxation and finance of their authority to collect the arrearages\nuntil fifteen days after receipt of a decision by the administrative law\njudge pursuant to such section.\n (2) A support obligor may within thirty days of the date of notice\ndenying his or her challenge by the support collection unit file\nobjections to such denial with the bureau of special hearings; child\nsupport unit of the department which shall review the support collection\nunit's determination to refer the obligor's case to the department of\ntaxation and finance for collection pursuant to subdivision sixteen of\nsection one hundred eleven-b of this title. If the support obligor\ntimely files such objections with such bureau the support collection\nunit shall not notify the department of taxation and finance of their\nauthority to collect the arrearages until fifteen days after entry of an\norder by the administrative law judge denying the objections.\n 20. If the support obligor is required to participate in work programs\npursuant to section four hundred thirty-seven-a of the family court act,\nand the court enters an order of support on behalf of the persons in\nreceipt of public assistance, the support collection unit shall not file\na petition to increase the support obligation for twelve months from the\ndate of entry of the order of support if the support obligor's income is\nderived from participation in such programs.\n
§ 111-h. Support collection unit. 1. Each social services district\nshall establish a support collection unit in accordance with regulations\nof the department to collect, account for and disburse funds paid\npursuant to any order of child support or child and spousal support\nissued under the provisions of section two hundred thirty-six or two\nhundred forty of the domestic relations law, or article four, five,\nfive-A or five-B of the family court act; provided however, that the\ndepartment, subject to availability of funds, shall furnish centralized\ncollection and disbursement services for and on behalf of each social\nservices district. Until such time as the department performs collection\nand disbursement functions for a particular social services district,\nthat social services district shall continue to perform those functions.\n * 2. The support collection unit shall inform the petitioner and\nrespondent of any case in which a required payment has not been made\nwithin two weeks after it was due and shall assist in securing voluntary\ncompliance with such orders or in preparation and submission of a\npetition for a violation of a support order. Upon the written request of\nthe debtor, the support collection unit shall issue an income execution\nas provided in section fifty-two hundred forty-one of the civil practice\nlaw and rules, except that the provisions of subdivisions (d) and (e)\nthereof shall not apply. Upon receipt of written revocation of such\nrequest, the support collection unit shall notify the employer or income\npayor that the levy is no longer effective, and the execution shall be\nreturned.\n * NB There are 2 sb 2's\n * 2. The support collection unit shall establish a system that will\nallow it to inform the petitioner and respondent of any case in which a\nrequired payment has not been made within two weeks after it was due and\nto assist in securing voluntary compliance with such orders or in\npreparation and submission of a petition for a violation of a support\norder, and shall implement such system no later than July first,\nnineteen hundred seventy-eight based on a plan submitted to and approved\nby the department on or before December first, nineteen hundred\nseventy-seven.\n * NB Expired January 1, 1978 (There are 2 sb 2's)\n 3. The support collection unit shall require that a person applying\nfor child support enforcement services provide his or her name, address\nand social security number and disclose whether he or she is in receipt\nof safety net assistance or family assistance; provided, however, that a\nsocial security number may be required only where permitted under\nfederal law.\n 4. Any and all moneys paid into the support collection unit pursuant\nto an order of support made under the family court act or the domestic\nrelations law, where the petitioner is not a recipient of public\nassistance, shall upon payment into such support collection unit be\ndeemed for all purposes to be the property of the person for whom such\nmoney is to be paid.\n 5. Except as provided in subdivision six of this section, any funds\npaid to a support collection unit established by a social services\ndistrict which have not been disbursed after two years of diligent\nefforts to locate the person entitled to such funds shall be paid to the\nstate comptroller in accordance with subdivision seven of this section\nunless information has been received that is likely to lead to the\nlocation of the person who is entitled to such funds; provided, however,\nwhere the support collection unit determines that the person entitled to\nthe funds is deceased and cannot locate an estate for the person\nentitled to the funds, or the estate does not claim the funds, such\nfunds may be paid to the state comptroller in accordance with\nsubdivision seven of this section without two years of diligent efforts.\n 6. Any funds paid to a support collection unit established by a social\nservices district for which the remitter of such funds has not provided\nsufficient identifying information to associate the funds with an\nexisting or previously existing child support account, and such\ninformation cannot be determined after diligent efforts, shall be paid\nto the state comptroller in accordance with subdivision seven of this\nsection.\n 7. In the month of April, on or before the tenth day thereof, such\npayment shall be delivered to the state comptroller pursuant to section\nthirteen hundred eighteen of the abandoned property law, and shall be\naccompanied by a written report, affirmed as true and accurate under the\npenalty of perjury, classified as the state comptroller shall prescribe,\nsetting forth: (a) the names and last known addresses, if any, of the\npersons entitled to receive such abandoned property; (b) the title of\nany proceeding relating to such abandoned property; and (c) such other\nidentifying information as the state comptroller may require.\n 8. Banks and other fiduciary institutions are authorized and required\nto report to the support collection unit, when so requested, full\ninformation relative to any fund therein deposited by a petitioner or\nrespondent in a proceeding under section two hundred thirty-six or two\nhundred forty of the domestic relations law or article five-B of the\nfamily court act, where there is an order of support payable through the\nsupport collection unit or article four, five or five-A of the family\ncourt act.\n 9. Employers are authorized and required to report to the support\ncollection unit, when so requested, full information as to the earnings\nof a petitioner or respondent in a proceeding under section two hundred\nthirty-six or two hundred forty of the domestic relations law or article\nfive-B of the family court act, where there is an order of support\npayable through the support collection unit or article four, five,\nfive-A or five-B of the family court act. Employers also are authorized\nand required to report to the support collection unit, when so\nrequested, information relating to any group health plans available for\nthe provision of care or other medical benefits by insurance or\notherwise for the benefit of the employee and/or the child or children\nfor whom such parties are legally responsible for support.\n 10. The support collection unit is authorized and required to report\nto the family court, when so requested, full information relative to\namounts paid or any arrearages by a respondent in a proceeding under\narticles four, five, five-A or article five-B of the family court act.\n 11. The department may provide for the performance of the collection\nand disbursement functions of the support collection units by contract\nwith a fiscal agent. For purposes of any reference to support collection\nunit in this chapter or any other law, the fiscal agent under contract\nwith the department shall be deemed to be part of all support collection\nunits for which the fiscal agent performs collection and disbursement\nfunctions.\n 12. The support collection unit shall undertake a public service\ncampaign as soon as practicable to inform citizens of the possibility of\ndriver, business and professional license suspension for support\nenforcement.\n 13. (1) A support obligor may challenge in writing the correctness of\nthe determination of the support collection unit pursuant to this\nsection and section one hundred seventy-one-i of the tax law that the\nobligor's arrearage should be collected through the department of\ntaxation and finance, and in support of the challenge may submit\ndocumentation demonstrating mistaken identity, error in calculation of\narrears, financial exemption from such collection, the absence of an\nunderlying court order establishing arrears to support such\ndetermination. Such documents may include a copy of the order of support\npursuant to which the obligor claims to have made payment, other\nrelevant court orders, copies of cancelled checks, receipts for support\npayments, pay stubs or other documents identifying wage withholding,\nproof of identity, and like documents. The support collection unit shall\nreview the documentation submitted by the support obligor, shall adjust\nthe support obligor's account if appropriate, and shall notify the\nsupport obligor of the results of the review initiated in response to\nthe challenge within seventy-five days from the date of the notice\nrequired. If the support collection unit's review indicates that the\ndetermination to refer to the department of taxation and finance for\ncollection was correct, the support collection unit shall notify the\nsupport obligor of the results of the review and that the support\nobligor has thirty days from the date of such notice to satisfy the full\namount of the arrears. If the support obligor fails to do so, the\nsupport collection unit shall notify the department of taxation and\nfinance that they are authorized to commence collection of the arrears.\nThe support obligor shall be further notified that if the support\nobligor files objections to the review determination of the support\ncollection unit with the bureau of special hearings; child support unit\nof the department pursuant to subdivision sixteen of section one hundred\neleven-b of this title, and serves these objections on the support\ncollection unit within thirty days from the date of notice denying the\nchallenge, the support collection unit shall not notify the department\nof taxation and finance of their authority to collect the arrearages\nuntil fifteen days after receipt of a decision by the administrative law\njudge pursuant to such section.\n (2) A support obligor may within thirty days of the date of notice\ndenying his or her challenge by the support collection unit file\nobjections to such denial with the bureau of special hearings; child\nsupport unit of the department which shall review the support collection\nunit's determination to refer the obligor's case to the department of\ntaxation and finance for collection pursuant to subdivision sixteen of\nsection one hundred eleven-b of this title. If the support obligor\ntimely files such objections with such bureau the support collection\nunit shall not notify the department of taxation and finance of their\nauthority to collect the arrearages until fifteen days after entry of an\norder by the administrative law judge denying the objections.\n 14. If the support obligor is required to participate in work programs\npursuant to section four hundred thirty-seven-a of the family court act,\nand the court enters an order of support on behalf of the persons in\nreceipt of public assistance, the support collection unit shall not file\na petition to increase the support obligation for twelve months from the\ndate of entry of the order of support if the support obligor's income is\nderived from participation in such programs.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.