§ 580-307 — Duties of support enforcement agency

New York § 580-307

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Civil Provisions of General Application
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-307. Duties of support enforcement agency. (a) A support\nenforcement agency of this state, upon request, shall provide services\nto a petitioner in a proceeding under this article.\n (b) A support enforcement agency of this state that is providing\nservices to the petitioner shall:\n (1) take all steps necessary to enable an appropriate tribunal of this\nstate, another state or a foreign country to obtain jurisdiction over\nthe respondent;\n (2) request an appropriate tribunal to set a date, time and place for\na hearing;\n (3) make a reasonable effort to obtain all relevant information,\nincluding information as to income and property of the parties;\n (4) within ten days, exclusive of Saturdays, Sundays and legal\nholidays, after receipt of notice in a record from an initiating,\nresponding or registering tribunal, send a copy of the notice to the\npetitioner;\n (5) within ten days, exclusive of Saturdays, Sundays and legal\nholidays, after receipt of communication in a record from the respondent\nor the respondent's attorney, send a copy of the communication to the\npetitioner; and\n (6) notify the petitioner if jurisdiction over the respondent cannot\nbe obtained.\n (c) A support enforcement agency of this state that requests\nregistration of a child support order in this state for enforcement or\nfor modification shall make reasonable efforts:\n (1) to ensure that the order to be registered is the controlling\norder; or\n (2) if two or more child support orders exist and the identity of the\ncontrolling order has not been determined, to ensure that a request for\nsuch a determination is made in a tribunal having jurisdiction to do so.\n (d) A support enforcement agency of this state that requests\nregistration and enforcement of a support order, arrears or judgment\nstated in a foreign currency shall convert the amounts stated in the\nforeign currency into the equivalent amounts in dollars under the\napplicable official or market exchange rate as publicly reported.\n (e) A support enforcement agency of this state shall issue or request\na tribunal of this state to issue a child support order and an income\nwithholding order that redirect payment of current support, arrears, and\ninterest if requested to do so by a support enforcement agency of\nanother state pursuant to section 580-319 of this part.\n (f) This article does not create or negate a relationship of attorney\nand client or other fiduciary relationship between a support enforcement\nagency or the attorney for the agency and the individual being assisted\nby the agency.\n