§ 111-B — Functions, powers and duties of the department

New York § 111-B

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6-A: Establishment of Paternity and Enforcement of Support
• Art. 3: Local Public Welfare Organization; Powers and Duties

Text

§ 111-b. Functions, powers and duties of the department. 1. The single\norganizational unit within the department shall be responsible for the\nsupervision of the activities of state and local officials relating to\nestablishment of paternity of children born out-of-wedlock, location of\nabsent parents and enforcement of support obligations of legally\nresponsible relatives to contribute for the support of their dependents.\n 2. The department is hereby authorized to accept, on behalf of the\nstate and the social services districts concerned, assignments of\nsupport rights owed to persons receiving (i) aid to dependent children\npursuant to title ten of article five of this chapter or, (ii) where\nappropriate, foster care maintenance payments made pursuant to title\nIV-E of the federal social security act; provided however, that it will\nnot be appropriate where such requirement will have a negative impact\nupon the health, safety or welfare of such child or other individuals in\nthe household or impair the likelihood of the child returning to his or\nher family when discharged from foster care or, (iii) home relief\npursuant to title three of article five of this chapter. Notwithstanding\nany inconsistent provisions of title six of this article or any other\nprovisions of law, the department may enforce such assigned support\nrights either directly, through social services officials or, if there\nis in effect an approved agreement between the social services official\nand another governmental agency, through such other agency. In any\nproceeding to enforce such assignment, the official bringing such\nproceeding shall have the same rights as if the proceeding were being\nbrought to enforce section four hundred fifteen of the family court act.\n 2-a. The department shall prepare a notice which shall be distributed\nby social services officials to persons who may be required to assign\nsupport rights which notice shall explain the rights and obligations\nthat may result from the establishment of paternity and the right of the\nassignor to be kept informed, upon request, of the time, date and place\nof any proceedings involving the assignor and such other information as\nthe department believes is pertinent. The notice shall state that the\nattorney initiating the proceeding represents the department.\n 3. In appropriate cases, the department is authorized to utilize\nsupport enforcement and collection and location services made available\nthrough the secretary of health and human services, including the\nservices of federal courts, the federal parent locator service, the\nfederal case registry of child support orders, the national directory of\nnew hires, and the treasury department, if and so long as authorized and\nrequired by federal law.\n 4. The department shall maintain and operate a parent locator service\nwith respect to cases being provided services pursuant to this title.\n To effectuate the purposes of this subdivision, the commissioner shall\nrequest and receive from the departments, authorities, boards, bureaus,\ncommissions, corporations, councils, funds, offices, or other agencies\nof the state, or any of its political subdivisions, and all such\norganizational entities of the state and social services districts are\nhereby directed, to provide and the political subdivisions are hereby\nauthorized to provide, such assistance and data as will enable the\ndepartment and social services districts to properly carry out their\npowers and duties to locate such parents and to enforce their liability\nfor the support of their children. Any records established pursuant to\nthe provisions of this section shall be available only to the secretary\nof health and human services, office of the inspector general, social\nservices districts, district attorneys, county attorneys, corporation\ncounsels, and courts having jurisdiction in any proceeding under article\nfour, five, five-A, or five-B of the family court act; provided,\nhowever, no organizational entity of the state need make available any\ndata or information which is otherwise required by statute to be\nmaintained in a confidential manner.\n 4-a. (a) The department shall maintain and operate a state case\nregistry that contains records with respect to:\n (1) each case receiving services pursuant to this title; and\n (2) each support order established or modified in the state on or\nafter the first day of October, nineteen hundred ninety-eight.\n (b) For the purpose of subparagraph two of paragraph (a) of this\nsubdivision, the term support order means a judgment, decree, or order,\nwhether temporary, final, or subject to modification, issued by a court\nor an administrative agency of competent jurisdiction, including any\nadjusted order issued by a support collection unit, for the support and\nmaintenance of a child, including a child who has attained the age of\nmajority under the law of the issuing state, or a child and the parent\nwith whom the child is living, which provides for monetary support,\nhealth care, arrearages, or reimbursement, and which may include related\ncosts and fees, interest and penalties, income withholding, attorney's\nfees, and other relief.\n (c) Each case record in the state case registry with respect to cases\ndescribed in subparagraph one of paragraph (a) of this subdivision for\nwhich a support order has been established shall include a record of:\n (1) the amount of monthly (or other periodic) support owed under the\norder, and other amounts (including arrearages, interest or late payment\npenalties, and fees) due or overdue under the order;\n (2) any amount described in subparagraph one of this paragraph that\nhas been collected;\n (3) the distribution of such collected amounts;\n (4) the birth date of any child for whom the order requires the\nprovision of support; and\n (5) the amount of any lien imposed with respect to the order pursuant\nto section one hundred eleven-u of this article.\n (d) The department shall update and monitor each case record in the\nstate registry described in subparagraph one of paragraph (a) of this\nsubdivision on the basis of:\n (1) information on administrative actions and administrative and\njudicial proceedings and orders relating to paternity and support;\n (2) information obtained from comparison with federal, state or local\nsources of information;\n (3) information on support collections and distributions; and\n (4) any other relevant information.\n (e) Information maintained as part of the state case registry shall be\nmade available to other state and federal agencies as provided for in\nfederal statutes and regulations promulgated by the federal secretary of\nhealth and human services.\n 5. (a) There shall be established for each state fiscal year a\nstatewide child support collections goal for amounts of collections of\nsupport obligations pursuant to this title, which goal shall be set\nforth in that portion of the state's local assistance budget intended\nfor the appropriation of reimbursement to social services districts\npursuant to this chapter. The commissioner shall, subject to the\napproval of the director of the budget, annually allocate a portion of\nthe statewide goal to each social services district, which portion shall\nbe based upon the district's portion of the statewide aid to dependent\nchildren program and other relevant factors.\n (b) Notwithstanding any inconsistent provision of section one hundred\nfifty-three of this chapter, for each social services district which\nfails to meet its portion of the collection goal established by this\nsection, the commissioner shall deny state reimbursement for such\ndistrict's expenditures for aid to dependent children, in an amount\nequal to the difference between the amount of non-federal funds such\ndistrict is required to repay to the state out of collections actually\nmade and the amount of non-federal funds such district would have been\nrequired to repay to the state had it met its collection goal.\n (c) Any social services district which has been determined to have\nfailed to meet its portion of the collection goal may request a\nredetermination by the commissioner or his designee in a manner to be\nestablished by department regulations. Upon a showing by such district\nthat such failure was due in whole or in part to factors other than\nthose administrative and processing functions or organizations which are\nsubject to the jurisdiction of such district's local legislative body,\nthe commissioner shall waive such failure in whole or in part and shall\nrestore all or a corresponding portion of any state reimbursement\npreviously denied pursuant to this section.\n (d) For purposes of determining the amount of child support\ncollections which are attributable toward meeting a district's portion\nof the statewide collections goal, any amounts collected by one social\nservices district on behalf of another shall be credited to the district\nto which support payments have been assigned. Support payments collected\non behalf of another state or on behalf of persons not in receipt of aid\nto dependent children shall not be taken into consideration in\ndetermining whether such district has met its goal.\n (e) The department may for purposes of administrative convenience set\nmonthly or quarterly goals based upon each district's annual goal and\nmay deny reimbursement on a monthly or quarterly basis, subject to a\nfinal adjustment at the end of each year reflecting the extent to which\neach such district has met its portion of the statewide annual goal.\n 6. When the commissioner has determined that a social services\ndistrict has failed to meet its portion of the statewide child support\ncollections goal, as determined in accordance with the provisions of\nsubdivision five of this section, or has failed to comply with the\napplicable provisions of federal law and regulations, he shall notify\nsuch district and the appropriate local legislative body of such\ndetermination and may promulgate any regulations he determines are\nnecessary to improve such district's organization, administration,\nmanagement or program. Such regulations shall be fully complied with by\nthe effective date of such regulations.\n 7. The department, through the commissioner, shall enter into the\nagreement provided for in section one hundred seventy-one-c of the tax\nlaw and is authorized to furnish to the commissioner of taxation and\nfinance and the state tax commission such information and to take such\nother actions as may be necessary to carry out the agreement provided\nfor in such section, for the crediting of overpayments of tax to\npast-due support which is owed to persons receiving services pursuant to\nthis title and title six-B of this article. A person receiving services\nunder this title shall receive a pro rata share of the overpayment of\ntax, based on the amount of past-due support owed to such person as\ncertified to the tax commission by the department pursuant to section\none hundred seventy-one-c of the tax law, in cases where the individual,\nestate or trust owing past-due support to such person owes past-due\nsupport to other persons or entities so certified to the tax commission\nby the department. Amounts certified to the state tax commission under\nsuch agreement may include amounts specified in subdivision eight of\nthis section. The amount paid by the state comptroller to the department\npursuant to subdivision one of section one hundred seventy-one-c of the\ntax law shall be distributed in accordance with applicable provisions of\nthis chapter and the department's regulations. To the extent permitted\nby federal law, the department may also certify amounts to the federal\ndepartment of health and human services for tax interception to the same\nextent as it certifies amounts pursuant to such section of the tax law.\n The department shall by regulation establish procedures by which any\nindividual, estate or trust which is the subject of a certification to\nthe state tax commission in accordance with such agreement may contest\nsuch certification based on defenses that are not subject to family\ncourt jurisdiction. Such regulations and the notice required by\nsubdivision four of section one hundred seventy-one-c of the tax law\nshall set forth defenses which may be available to the individual,\nestate or trust to contest such certification, and the manner in which a\nreview of the certification based on such defenses may be obtained.\n 8. (a) Amounts certified to the state tax commission under the\nagreement described in subdivision seven of this section for persons who\nare receiving services pursuant to this title may include:\n (i) amounts representing delinquencies which have accrued under a\ncourt order of support;\n (ii) with respect to any court order of support made before September\nfirst, nineteen hundred eighty-four which provided for periodic payments\ntoward an established arrears amount, the entire amount of such arrears\nwhere the respondent is, at any time after September first, nineteen\nhundred eighty-four, delinquent in making such periodic payments; and\n (iii) with respect to any court order of support made on or after\nSeptember first, nineteen hundred eighty-four which establishes an\narrears amount, the entire amount of such arrears, unless such order\nincludes a finding that anticipated tax refunds pursuant to the most\nrecently filed state and federal tax returns have been considered by the\ncourt and taken into account in determining the amount of periodic\npayments to be made toward the arrears amount, or in determining the\namount of the current support order, and expressly provides that such\narrears are not to be so certified.\n (b) For the purpose of the state child support program any payment\nmade by a respondent which is insufficient to fully satisfy both a\ncurrent court order of support and a periodic payment toward the balance\nof any arrears amount established by court order shall be first applied\ntoward the current order of support or any delinquency thereon and then\ntoward the periodic payment on any arrears amount established by court\norder unless otherwise required by federal regulation.\n * 10. (a) The department, through the commissioner, shall enter into\nthe agreement provided for in section sixteen hundred thirteen-a of the\ntax law and is authorized to furnish to the director of the lottery and\nthe division of the lottery such information and to take such other\nactions as may be necessary to carry out the provisions of the agreement\nprovided for in such section, for the crediting of lottery prizes of six\nhundred dollars or more to past-due support which is owed to persons\nreceiving services pursuant to this title. A person receiving services\nunder this title shall receive a pro rata share of the prize winning\nbased on the amount of past-due support owed to such person as provided\nto the division of the lottery by the department pursuant to section\nsixteen hundred thirteen-a of the tax law, in cases where the\nindividual, estate or trust owing past-due support to such person owes\npast-due support to other persons or entities so provided to the\ndivision of the lottery by the department. Amounts provided to the\ndivision of the lottery under such agreement may include amounts\nspecified in this subdivision. The amount paid by the state comptroller\nto the department pursuant to subdivision one of section sixteen hundred\nthirteen-a of the tax law shall be distributed in accordance with\napplicable provisions of this chapter and the department's regulations.\n (b) The department shall by regulation establish procedures by which\nany individual, estate or trust which is the subject of crediting of any\nlottery prize of six hundred dollars or more to the state division of\nthe lottery in accordance with such agreement may contest such crediting\nbased on defenses that are not subject to family court jurisdiction.\nSuch regulations shall require that notice be given to the individual,\nestate or trust which shall set forth:\n (i) defenses which may be available to the individual, estate or trust\nto contest such crediting;\n (ii) the manner in which a review of the crediting of lottery prizes\nof six hundred dollars or more based on such defenses may be obtained;\n (iii) the address and telephone number of the local department of\nsocial services' support collection unit which may be contacted with\nrespect to correction of any error in such crediting concerning such\nindividual's, estate's or trust's liability for past-due support or with\nrespect to payment of such liability; and\n (iv) the time frame by which such a defense must be made.\n * NB There are 2 sb 10's\n * 10. The commissioner must review the child support standards act at\nleast once every four years to ensure that its application results in\nthe determination of appropriate child support amounts. As part of such\nreview, the commissioner must consider economic data on the cost of\nraising children and analyze case data, gathered through sampling or\nother methods, on the application of, and deviations from the basic\nchild support obligation. The analysis of the data must be used to\nensure that such deviations are limited and, if appropriate, necessary\nrevisions to the child support standards act must be submitted to the\nlegislature to accomplish such purpose.\n * NB There are 2 sb 10's\n 11. (a) Amounts certified to the division of the lottery under the\nagreement described in subdivision ten of this section for persons who\nare receiving services pursuant to this title may include:\n (i) amounts representing delinquencies which have accrued under a\ncourt order of support;\n (ii) with respect to any court order of support made which establishes\nan arrears amount, the entire amount of such arrears.\n (b) For the purpose of the state child support program any payment\nmade by a respondent which is insufficient to fully satisfy both a\ncurrent court order of support and a periodic payment toward the balance\nof any arrears amount established by court order shall be first applied\ntoward the current order of support or any delinquency thereon and then\ntoward the periodic payment on any arrears amount established by court\norder unless otherwise required by federal regulation.\n * 12. (a) The department, through the commissioner, shall enter into\nthe agreement provided for in section five hundred ten of the vehicle\nand traffic law and is authorized to furnish to the commissioner of\nmotor vehicles such information and to take such actions as may be\nnecessary to carry out the agreement provided for in such section, for\nthe enforcement of child support orders through the suspension of\ndelinquent obligors' driving privileges.\n (b) (1) When a support obligor who is or was under a court order to\npay child support or combined child and spousal support to a support\ncollection unit on behalf of persons receiving services under this title\nhas accumulated support arrears equivalent to or greater than the amount\nof support due pursuant to such order for a period of four months, the\noffice of temporary and disability assistance shall notify the support\nobligor in writing that his or her continued failure to pay the support\narrears shall result in notification to the department of motor vehicles\nto suspend the support obligor's driving privileges unless the support\nobligor complies with the requirements set forth in paragraph (e) of\nthis subdivision. For purposes of determining whether a support obligor\nhas accumulated support arrears equivalent to or greater than the amount\nof support due for a period of four months, the amount of any\nretroactive support, other than periodic payments of retroactive support\nwhich are past due, shall not be included in the calculation of support\narrears pursuant to this section; however, if at least four months of\nsupport arrears have accumulated subsequent to the date of the court\norder, the entire amount of any retroactive support may be collected\npursuant to the provisions of this subdivision or as otherwise\nauthorized by law.\n (2) The department shall provide the notice required by subparagraph\none of this paragraph by first class mail to the support obligor's last\nknown address or such other place where the support obligor is likely to\nreceive notice, or in the same manner as a summons may be served.\nForty-five days after the date of such notice, if the support obligor\nhas not challenged the determination of the support collection unit\npursuant to subparagraph one of paragraph (d) of this subdivision or if\nthe support obligor has failed to satisfy the arrears/past due support\nor to otherwise comply with the requirements set forth in paragraph (e)\nof this subdivision, the department shall notify the department of motor\nvehicles that the support obligor's driving privileges are to be\nsuspended pursuant to section five hundred ten of the vehicle and\ntraffic law. Upon the support obligor's compliance with the provisions\nof paragraph (e) of this subdivision, the department shall advise the\ndepartment of motor vehicles within five business days that the\nsuspension of the support obligor's driving privileges shall be\nterminated. If the support obligor appears in person at the support\ncollection unit to satisfy the requirements of paragraph (e) of this\nsubdivision, the support collection unit shall immediately provide a\nnotice of compliance to the support obligor, in addition to the notice\nsent directly to the department of motor vehicles.\n (3) Notwithstanding the requirements of this subdivision, no notice\nshall be issued by the department pursuant to subparagraph one of this\nparagraph to a support obligor from whom support payments are being\nreceived by the support collection unit as a result of an income\nexecution or an income deduction order issued pursuant to section five\nthousand two hundred forty-one or five thousand two hundred forty-two of\nthe civil practice law and rules.\n (c) The notice provided to a support obligor by the department\npursuant to paragraph (b) of this subdivision shall contain the caption\nof the order of support, the date the order of support was entered, the\ncourt in which it was entered, the amount of the periodic payments\ndirected, and the amount of arrears/past due support. In addition, the\nnotice shall include:\n (1) an explanation of the action required pursuant to paragraph (e) of\nthis subdivision to be taken by the support obligor to avoid the\nsuspension of his or her driving privileges;\n (2) a statement that forty-five days after the date of the notice, the\ndepartment of motor vehicles will be notified to suspend the support\nobligor's driving privileges unless the support obligor may challenge\nthe support collection unit's determination as set forth in paragraph\n(d) of this subdivision within forty-five days of the date of such\nnotice; a statement of the manner in which the support obligor may\nchallenge the determination, and a statement that if the support obligor\nchallenges the determination, a review will be completed by the support\ncollection unit within seventy-five days of the date of the notice;\n (3) a statement that if the support obligor does not challenge the\nsupport collection unit's determination then the department of motor\nvehicles shall be notified to suspend the support obligor's driving\nprivileges unless the support obligor contacts the support collection\nunit to arrange for full payment or commencement of satisfactory payment\narrangements on the arrears/past due support, or to comply otherwise\nwith the requirements set forth in paragraph (e) of this subdivision,\nwithin forty-five days of the date of the notice;\n (4) the address and telephone number of the support collection unit\nthat the support obligor may contact to request information about a\nchallenge or to comply with the requirements set forth in paragraph (e)\nof this subdivision;\n (5) a statement that the suspension of driving privileges will\ncontinue until the support obligor pays the support arrears or complies\notherwise with the requirements set forth in paragraph (e) of this\nsubdivision; and\n (6) a statement printed in boldface type that the support obligor's\nintentional submission of false written statements to the support\ncollection unit for the purpose of frustrating or defeating the lawful\nenforcement of support obligations is punishable pursuant to section\n175.35 of the penal law.\n (d) (1) A support obligor may challenge in writing the correctness of\nthe determination of the support collection unit that the obligor's\ndriving privileges should be suspended, and in support of the challenge\nmay submit documentation demonstrating mistaken identity, error in\ncalculation of arrears, financial exemption from license suspension\npursuant to the conditions enumerated in paragraph (e) of this\nsubdivision, the absence of an underlying court order to support such\ndetermination, or other reason that the person is not subject to such\ndetermination. Such documents may include but are not limited to a copy\nof the order of support pursuant to which the obligor claims to have\nmade payment, other relevant court orders, copies of cancelled checks,\nreceipts for support payments, pay stubs or other documents identifying\nwage withholding, and proof of identity. The support collection unit\nshall review the documentation submitted by the support obligor, shall\nadjust the support obligor's account if appropriate, and shall notify\nthe support obligor of the results of the review initiated in response\nto the challenge within seventy-five days from the date of the notice\nrequired by paragraph (b) of this subdivision. If the support collection\nunit's review indicates that the determination to suspend driving\nprivileges was correct, the support collection unit shall notify the\nsupport obligor of the results of the review and that the support\nobligor has thirty-five days from the date of mailing of such notice to\nsatisfy the full amount of the arrears or commence payment of the\narrears/past due support as specified in paragraph (e) of this\nsubdivision and if the support obligor fails to do so, the support\ncollection unit shall notify the department of motor vehicles to suspend\nthe support obligor's driving privileges pursuant to section five\nhundred ten of the vehicle and traffic law. The support obligor shall be\nfurther notified that if the support obligor files objections with the\nfamily court and serves these objections on the support collection unit\nwithin thirty-five days from the date of mailing of the notice denying\nthe challenge pursuant to subdivision five of section four hundred\nfifty-four of the family court act, the support collection unit shall\nnot notify the department of motor vehicles to suspend the support\nobligor's driving privileges until fifteen days after entry of judgement\nby the family court denying the objections.\n (2) A support obligor may within thirty-five days of mailing of the\nnotice denying his or her challenge by the support collection unit\nrequest that the family court review the support collection unit's\ndetermination pursuant to subdivision five of section four hundred\nfifty-four of the family court act. If the support obligor requests the\nfamily court to review the determination of the support collection unit,\nthe support collection unit shall not notify the department of motor\nvehicles to suspend the support obligor's driving privileges until\nfifteen days after mailing of a copy of the judgment by the family court\nto the support obligor denying the objections.\n (e) A support obligor who has received a notice that his or her\ndriving privileges shall be suspended may avoid the suspension by:\n (1) making full payment of all arrears/past due support to the support\ncollection unit; or\n (2) making satisfactory payment arrangements with the support\ncollection unit for payment of the arrears/past due support and the\ncurrent support obligation. "Satisfactory payment arrangements" shall\nmean:\n (i) execution of a confession of judgment for the total balance of the\narrears/past due support; and\n (ii) execution of a verified statement of net worth on a form\nprescribed by the commissioner setting forth the obligor's income from\nall sources, liquid assets and holdings, copies of the obligor's drivers\nlicense, most recent federal and state tax return, and a representative\npay stub, and an eighteen month employment history; and\n (iii) execution and verification of a stipulation that the obligor\nwill notify the support collection unit of all future changes of address\nuntil such time as the obligation to pay support is terminated; and\n (iv) payment of support to the support collection unit by income\nexecution pursuant to section five thousand two hundred forty-one of the\ncivil practice law and rules, which shall include deductions sufficient\nto ensure compliance with the direction in the order of support and\nshall include an additional amount to be applied to the reduction of\narrears as required by subdivision (b) of such section, or by execution\nof an agreement for payment of the arrears/past due support and any\ncurrent support directly to the support collection unit in an amount\nwhich is consistent with that which would have been made under such an\nincome execution; provided however, that where the support obligor fails\nto comply with the agreement, he/she may avoid or terminate the\nsuspension of driving privileges only by making at least fifty percent\npayment of all arrears/past due support to the support collection unit\nand in addition, entering into a payment plan pursuant to this\nsubdivision with the support collection unit within fifteen days.\nHowever, in any case when the support obligor fails to comply with a\npayment plan as described herein more than once within twelve months,\nthe obligor must pay the balance of all arrears/past due support to\navoid or terminate license suspension. "Failure to comply" for these\npurposes shall mean missing payments in an amount equivalent to four\nmonths of support under the payment plan, unless the support obligor\ndemonstrates that he or she has filed a petition for modification that\nis pending; or\n (3) providing documentation that shows the support obligor is\nreceiving public assistance or supplemental security income; or\n (4) providing to the support collection unit the documentation\nrequired by clauses (i) through (iii) of subparagraph two of this\nparagraph, where such documentation is sufficient for the support\ncollection unit to determine:\n (i) that the support obligor's income, as defined by subparagraph five\nof paragraph (b) of subdivision one of section four hundred thirteen of\nthe family court act, falls below the self-support reserve as defined by\nsubparagraph six of paragraph (b) of subdivision one of section four\nhundred thirteen of the family court act; or\n (ii) that the amount of the support obligor's income, as defined by\nsubparagraph five of paragraph (b) of subdivision one of section four\nhundred thirteen of the family court act, remaining after the payment of\nthe current support obligation would fall below the self-support reserve\nas defined by subparagraph six of paragraph (b) of subdivision one of\nsection four hundred thirteen of the family court act.\n (f) A support obligor who alleges that he or she has not received\nactual notice pursuant to paragraph one of subdivision (b) of this\nsection and whose driving privileges were suspended may at any time\nrequest a review pursuant to subdivision (d) of this section or comply\nwith the requirements of subdivision (e) of this section, and upon a\ndetermination that he or she has not accumulated support arrears\nequivalent to or greater than the amount of support due for a period of\nfour months or that he or she meets the requirements of subdivision (e)\nof this section, the department shall notify the department of motor\nvehicles that the suspension of driving privileges shall be terminated.\n * NB Repealed August 31, 2027\n 13. (a) The commissioner shall enter into the agreement provided for\nin section one hundred seventy-one-g of the tax law and is authorized to\nfurnish to the commissioner of taxation and finance any information, and\nto take such other actions, as may be necessary to carry out the\nagreement provided for in such section, for the purpose of reviewing\nsupport orders pursuant to subdivision twelve of section one hundred\neleven-h of this title.\n (b) Information obtained under paragraph (a) of this subdivision shall\nbe confidential and shall not be disclosed to persons or agencies other\nthan those entitled to such information when such disclosure is\nnecessary for the proper administration of the child support enforcement\nprogram pursuant to this title.\n 14. For purposes of this subdivision, the department or, pursuant to\ncontract, a fiscal agent is authorized to collect and disburse any\nsupport paid pursuant to any order of child support or combined child\nand spousal support issued on or after the first day of January,\nnineteen hundred ninety-four under the provisions of section two hundred\nthirty-six or two hundred forty of the domestic relations law, or\narticle four, five, five-A or five-B of the family court act, and which\nthe court has ordered to be paid pursuant to an income execution issued\nby the sheriff, the clerk of the court, or the attorney for the creditor\npursuant to subdivision (c) of section five thousand two hundred\nforty-one of the civil practice law and rules or an income deduction\norder issued by the court pursuant to subdivision (c) of section five\nthousand two hundred forty-two of the civil practice law and rules. Such\nsupport received shall be disbursed within two business days of receipt.\nThe department shall maintain records of its collection and disbursement\nof such support and furnish such records to the parties to the order\nupon request. The department shall be entitled to collect an annual\nservice fee not to exceed the maximum fee permitted pursuant to federal\nlaw for its provision of such services. Funds received in satisfaction\nof such fee shall be deposited in an account and shall be made available\nto the department for costs incurred in the implementation of this\nsection. The department shall not furnish any additional services to the\nparties; however, a party seeking child support services may apply for\nsuch services pursuant to section one hundred eleven-g of this title.\nThe department shall not be responsible for the collection and\ndisbursement of any support until after it has received a copy of the\nincome execution from the sheriff, the clerk of the court, or the\nattorney for the creditor or a copy of the income deduction order issued\nby the court and the person entitled to the payment of support pursuant\nto the order of support has submitted payment of the annual service fee\nif any, and unless its records show that it has received such support on\nbehalf of the parties to the order, and that the party to whom the funds\nare to be disbursed has provided the department with any address\nchanges.\n 15. (a) The department, through the commissioner, shall enter into the\nagreement provided for in section one hundred seventy-one-i of the tax\nlaw and is authorized to furnish to the commissioner of taxation and\nfinance such information and to take such other actions as may be\nnecessary to carry out such agreement.\n (b) (1) When a support obligor who is or was under a court order to\npay child support or combined child and spousal support to a support\ncollection unit on behalf of persons receiving services under this title\nhas accumulated support arrears equivalent to or greater than the amount\nof support due pursuant to such order for a period of four months, the\noffice of temporary and disability assistance shall notify the support\nobligor in writing that his or her continued failure to fully pay the\nsupport arrears shall result in notification to the department of\ntaxation and finance that they are authorized to collect such arrearage.\nFor purposes of determining whether a support obligor has accumulated\nsupport arrears equivalent to or greater than the amount of support due\nfor a period of four months, the amount of any retroactive support,\nother than periodic payments of retroactive support which are past due,\nshall not be included in the calculation of support arrears pursuant to\nthis section; however, if at least four months of support arrears have\naccumulated subsequent to the date of the court order, the entire amount\nof any retroactive support may be collected pursuant to the provisions\nof this subdivision or as otherwise authorized by law.\n (2) The department shall provide the notice required by subparagraph\none of this paragraph by first class mail to the support obligor's last\nknown address or such other place where the support obligor is likely to\nreceive notice by first class mail. Forty-five days after the date of\nsuch notice, if the support obligor has not challenged the determination\nof the support collection unit pursuant to subparagraph one of paragraph\n(d) of this subdivision or if the support obligor has failed to satisfy\nthe arrears, the department shall notify the department of taxation and\nfinance that the support obligor's support arrearage are authorized to\nbe collected as prescribed in subparagraph one of this paragraph.\n (3) Notwithstanding the requirements of this subdivision, no notice\nshall be issued by the department pursuant to subparagraph one of this\nparagraph to a support obligor from whom support payments are being\nreceived by the support collection unit as a result of an income\nexecution or an income deduction order issued pursuant to section five\nthousand two hundred forty-one or five thousand two hundred forty-two of\nthe civil practice law and rules.\n (c) The notice provided to a support obligor by the department\npursuant to paragraph (b) of this subdivision shall contain the caption\nof the order of support, the date the order of support was entered, the\ncourt in which it was entered, the amount of the periodic payments\ndirected, and the amount of arrears. In addition, the notice shall\ninclude:\n (1) a statement that unless the support arrears are satisfied within\nforty-five days after the date of the notice, the department of taxation\nand finance will be notified that they are authorized to commence\ncollection action unless the support obligor challenges the support\ncollection unit's determination as set forth in paragraph (d) of this\nsubdivision within forty-five days of the date of such notice; a\nstatement of the manner in which the support obligor may challenge the\ndetermination, and a statement that if the support obligor challenges\nthe determination, a review will be completed by the support collection\nunit within seventy-five days of the date of the notice;\n (2) a statement that if the support obligor does not challenge the\nsupport collection unit's determination then the department of taxation\nand finance shall be notified that they are authorized to commence\ncollection action unless the support obligor contacts the support\ncollection unit to arrange for full payment of the arrears;\n (3) the address and telephone number of the support collection unit\nthat the support obligor may contact to request information about a\nchallenge to the determination of the support collection unit;\n (4) a statement that the collection actions by the department of\ntaxation and finance is authorized to continue until the support obligor\npays the support arrears; and\n (5) a statement printed in boldface type that the support obligor's\nintentional submission of false written statements to the support\ncollection unit for the purpose of frustrating or defeating the lawful\nenforcement of support obligations is punishable pursuant to section\n175.35 of the penal law.\n (d) A support obligor who has received a notice that his or her\nsupport arrearage shall be referred to the department of taxation and\nfinance for collection action may avoid such action by making payment of\nall arrears to the support collection unit; providing documentation that\nshows the support obligor is receiving public assistance, medical\nassistance, food stamps or supplemental security income; or providing to\nthe support collection unit the documentation sufficient for the support\ncollection unit to determine:\n (1) an error in the calculation of the obligor's support arrears which\nwould render the obligor ineligible for collection by the department of\ntaxation and finance; or\n (2) a mistake in the identity of the obligor showing that the\nindividual making the challenge is not the obligor identified by the\ndepartment; or\n (3) the absence of an underlying court order for support pursuant to\nwhich the obligor's arrears gave rise to eligibility for collection\naction on such arrears by the department of taxation and finance.\n 16. Bureaus of special hearings; child support unit. (a) The\ndepartment is authorized to establish a bureau of special hearings;\nchild support unit solely for the purposes of providing administrative\nlaw judges to decide objections to the determination of a support\ncollection unit to refer an obligor's arrears to the department of\ntaxation and finance for collection pursuant to subdivision nineteen of\nsection one hundred eleven-h of this title. The administrative law\njudges employed by the unit shall serve exclusively within the unit and\nshall not be utilized for any purpose other than those described in this\nsubdivision and shall be salaried employees of the department and shall\nnot be removed from such unit except for cause.\n (b) The unit shall review a support collection unit's denial of a\nchallenge made by a support obligor pursuant to paragraph two of\nsubdivision nineteen of section one hundred eleven-h of this title if\nobjections thereto are filed by a support obligor who has received\nnotice that the department intends to notify the department of taxation\nand finance to collect such support obligor's support arrears. Specific\nwritten objections to a support collection unit's denial must be\nsubmitted by the support obligor to the unit within thirty days of the\ndate of the notice of the support collection unit's denial. A support\nobligor who files such objections shall serve a copy of the objections\nupon the support collection unit, which shall have ten days from such\nservice to file a written rebuttal to such objections and a copy of the\nrecord upon which the support collection unit's denial was made,\nincluding all documentation submitted by the support obligor. Proof of\nservice shall be filed with the unit at the time of filing of objections\nand any rebuttal. The unit's review shall be based solely upon the\nrecord and submissions of the support obligor and the support collection\nunit upon which the support collection unit's denial was made. Within\nfifteen days after the rebuttal, if any, is filed, an administrative law\njudge of the unit shall (i) deny the objections and remand to the\nsupport collection unit or (ii) affirm the objections if the\nadministrative law judge finds the determination of the support\ncollection unit is based upon an erroneous determination of fact by the\nsupport collection unit. Such decision shall pertain solely to the\nmistaken identity of the obligor, a prejudicial error in the calculation\nof the obligor's arrears, the obligor's financial exemption from\ncollection of support arrears by the department of taxation and finance\nor the absence of an underlying court order establishing arrears to\nsupport eligibility for such enforcement. Upon an affirmation of the\nobjections the administrative law judge shall direct the support\ncollection unit not to notify the department of taxation and finance of\ntheir authority to collect the support obligor's arrears. Provisions set\nforth in this subdivision relating to procedures for hearing objections\nby the unit shall apply solely to such cases and not affect or modify\nany other procedure for review or appeal of administrative enforcement\nof child support requirements. The decision of the administrative law\njudge pursuant to this section shall be final and not reviewable by the\ncommissioner, and shall be reviewable only pursuant to article\nseventy-eight of the civil practice law and rules.\n 17. Special services for review and adjustment. The department shall\ndevelop procedures for and require local social services districts to\ndedicate special staff to the review and adjustment of child support\norders entered prior to September fifteenth, nineteen hundred\neighty-nine on behalf of children in receipt of public assistance or\nchild support services pursuant to section one hundred eleven-g of this\ntitle. Such review and adjustment shall be performed pursuant to\nsubdivisions twelve, thirteen, fourteen, fifteen and sixteen of section\none hundred eleven-h of this title. All such cases shall be reviewed and\nif necessary adjusted no later than December thirty-first, two thousand.\n