§ 171-i. Enforcement of child support and combined child and spousal\nsupport arrears. 1. The commissioner, on behalf of the department, shall\nenter into a written agreement with the commissioner of the office of\ntemporary and disability assistance, on behalf of the office of\ntemporary and disability assistance, which shall set forth the\nprocedures for the department to collect child support and combined\nchild and spousal support arrears.\n 2. Such agreement shall include:\n (a) the criteria for determining cases subject to referral to the\ndepartment for enforcement which shall not include cases for which\npayments are being received by the support collection unit as a result\nof an income execution issued pursuant to section five thousand two\nhundred forty-one of the civil practice law and rules, and shall not\ninclude cases in which the obligor has not accumulated support arrears\nequivalent to or greater than four months, but shall include cases which\nmeet any of the following criteria:\n (i) cases in which the obligor has accumulated support arrears\nequivalent to or greater than four months; or\n (ii) cases with support arrears, notwithstanding the amount of such\narrears, selected by the support collection unit for referral consistent\nwith this section, in consultation with the department and the office of\ntemporary and disability assistance;\n (b) the procedures and criteria under which the office of temporary\nand disability assistance and the department shall identify cases to be\nreferred to the department for enforcement;\n (c) the procedure under which the office of temporary and disability\nassistance shall notify and update the commissioner of an obligor's\nliability for support arrears;\n (d) the procedures by which the department and the office of temporary\nand disability assistance shall coordinate their support enforcement\nactivities;\n (e) the procedures by which the department notifies the office of\ntemporary and disability assistance of monies collected and remits such\nmonies to the office of temporary and disability assistance or their\nfiscal agent for distribution to the appropriate support collection\nunits;\n (f) the procedure under which the commissioner shall be notified by\nthe office of temporary and disability assistance that an obligor has\nsatisfied his or her support arrears;\n (g) the procedure under which the department and the office of\ntemporary and disability assistance shall provide notification to the\nother or to the support collection unit of the office of temporary and\ndisability assistance of any information with regard to an obligor's\naddress, income, or employment, or identification of assets which may be\nsubject to enforcement by such support collection unit or by the\ndepartment;\n (h) the procedure for the publicizing of sanctions for nonpayment of\nsupport, including enforcement of support arrears by the department; and\n (i) such other matters as the parties to such agreement shall deem\nnecessary to carry out the provisions of this section.\n 3. The office of temporary and disability assistance shall send a\nnotice by first class mail to the last known address or such other place\nwhere a support obligor is likely to receive notice, no later than\nthirty days prior to the date the office of temporary and disability\nassistance notifies the commissioner of such obligor's liability for\nsupport arrears. Such notice shall provide:\n (a) that such obligor can avoid notification by the office of\ntemporary and disability assistance to the commissioner by fully\nsatisfying the support arrears or by complying with such other\nrequirements as is provided for in paragraph (d) of subdivision fifteen\nof section one hundred eleven-b of the social services law; and\n (b) the address and telephone number of the support collection unit\nwhich such obligor may contact to request information or to arrange for\npayment of the support arrears.\n 4. Upon recei
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.