§ 440. Order of support. 1. (a) Any support order made by the court in\nany proceeding under the provisions of article five-B of this act,\npursuant to a reference from the supreme court under section two hundred\nfifty-one of the domestic relations law or under the provisions of\narticle four, five or five-A of this act (i) shall direct that payments\nof child support or combined child and spousal support collected on\nbehalf of persons in receipt of services pursuant to section one hundred\neleven-g of the social services law, or on behalf of persons in receipt\nof public assistance be made to the support collection unit designated\nby the appropriate social services district, which shall receive and\ndisburse funds so paid; or (ii) shall be enforced pursuant to\nsubdivision (c) of section five thousand two hundred forty-two of the\ncivil practice law and rules at the same time that the court issues an\norder of support; and (iii) shall in either case, except as provided for\nherein, be effective as of the earlier of the date of the filing of the\npetition therefor, or, if the children for whom support is sought are in\nreceipt of public assistance, the date for which their eligibility for\npublic assistance was effective. Any retroactive amount of support due\nshall be support arrears/past due support and shall be paid in one sum\nor periodic sums, as the court directs, and any amount of temporary\nsupport which has been paid to be taken into account in calculating any\namount of such retroactive support due. In addition, such retroactive\nchild support shall be enforceable in any manner provided by law\nincluding, but not limited to, an execution for support enforcement\npursuant to subdivision (b) of section fifty-two hundred forty-one of\nthe civil practice law and rules. When a child receiving support is a\npublic assistance recipient, or the order of support is being enforced\nor is to be enforced pursuant to section one hundred eleven-g of the\nsocial services law, the court shall establish the amount of retroactive\nchild support and notify the parties that such amount shall be enforced\nby the support collection unit pursuant to an execution for support\nenforcement as provided for in subdivision (b) of section fifty-two\nhundred forty-one of the civil practice law and rules, or in such\nperiodic payments as would have been authorized had such an execution\nbeen issued. In such case, the court shall not direct the schedule of\nrepayment of retroactive support. Where such direction is for child\nsupport and parentage has been established by a voluntary acknowledgment\nof parentage as defined in section forty-one hundred thirty-five-b of\nthe public health law, the court shall inquire of the parties whether\nthe acknowledgment has been duly filed, and unless satisfied that it has\nbeen so filed shall require the clerk of the court to file such\nacknowledgment with the appropriate registrar within five business days.\nThe court shall not direct that support payments be made to the support\ncollection unit unless the child, who is the subject of the order, is in\nreceipt of public assistance or child support services pursuant to\nsection one hundred eleven-g of the social services law. Any such order\nshall be enforceable pursuant to section fifty-two hundred forty-one or\nfifty-two hundred forty-two of the civil practice law and rules, or in\nany other manner provided by law. Such orders or judgments for child\nsupport and maintenance shall also be enforceable pursuant to article\nfifty-two of the civil practice law and rules upon a debtor's default as\nsuch term is defined in paragraph seven of subdivision (a) of section\nfifty-two hundred forty-one of the civil practice law and rules. The\nestablishment of a default shall be subject to the procedures\nestablished for the determination of a mistake of fact for income\nexecutions pursuant to subdivision (e) of section fifty-two hundred\nforty-one of the civil practice
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