§ 1613-A — Crediting of lottery prizes against past-due support

§ 1613-a. Crediting of lottery prizes against past-due support. (1)\nThe director of the lottery, on behalf of the division of the lottery,\nshall enter into a written agreement with the commissioner of the office\nof temporary and disability assistance, on behalf of the state office of\ntemporary and disability assistance, which shall set forth the\nprocedures for crediting any lottery prize of six hundred dollars or\nmore awarded to an individual, estate or trust against past-due support\nowed by such individual, estate or trust of which the director of the\nlottery has been notified by the commissioner of the office of temporary\nand disability assistance pursuant to the provisions of such agreement.\n (2) Such agreement shall apply to past-due support which is owed to\npersons or entities entitled to enforce an order of support with respect\nto persons receiving services pursuant to title six-A of article three\nof the social services law. For purposes of this section, an "order of\nsupport" means any final order, decree or judgment in a matrimonial\naction or family court proceeding, or any foreign support order, decree\nor judgment which is registered pursuant to article five-B of the family\ncourt act, which requires the payment of alimony, maintenance, support\nor child support. For purposes of this section, "past-due support" means\nthe amount of a delinquency determined from an order of support no\nlonger subject to appellate judicial review.\n (3) Such agreement shall include:\n (a) the procedure under which the state office of temporary and\ndisability assistance shall notify the division of the lottery of\nliability for past-due support, such procedure to specify when the\ndivision of the lottery shall be notified and the content of such\nnotification;\n (b) the minimum period of delinquency in payment of past-due support\nand the minimum amount of past-due support with respect to which the\ndivision of the lottery shall, pursuant to this section, credit any\nlottery prize of six hundred dollars or more against past-due support;\n (c) the procedure for reimbursement of the division of the lottery by\nthe state office of temporary and disability assistance for the full\ncost of carrying out the procedures authorized by this section; and\n (d) such other matters as the parties to such agreement shall deem\nnecessary to carry out the provisions of this section.\n (4) Prior to awarding any lottery prize of six hundred dollars or\nmore, the division of the lottery shall review the notice of liability\nof past-due support provided by the state office of temporary and\ndisability assistance. For each lottery prize winner identified on such\nnotice as an individual, estate or trust owing past-due support, the\nlottery division shall credit to the state office of temporary and\ndisability assistance such amount of the prize to satisfy the past-due\nsupport, and any remainder shall be awarded to the prize winner. In\ncases where the prize winner owes past-due support to more than one\nperson or entity, and the total amount of past-due support provided in\nthe notice of liability of past-due support to the division of the\nlottery by the state office of temporary and disability assistance\nexceeds the balance remaining, each such person or entity shall receive\na pro rata share of the balance remaining, such share to be based on the\namount of past-due support owed to such person or entity as provided to\nthe division of the lottery by such office pursuant to this section. The\nstate office of temporary and disability assistance shall be responsible\nfor determining and distributing each person's or entity's pro rata\nshare of past-due support pursuant to regulations of such office.\n (5) The division of the lottery shall certify to the comptroller the\ntotal amount of the lottery prize winning to be credited against\npast-due support and the remainder of such prize winning to be awarded\nto the prize winner.\n (6) The division of the lottery shall notify the prize winner in\nwriting of the total amount of the lottery prize winning to be credited\nagainst past-due support and the remainder of such prize winning to be\nawarded to the prize winner. Such notice shall further advise the prize\nwinner that the office of temporary and disability assistance shall\nprovide separate notice, in writing, to the prize winner of the\nprocedure for and time frame by which the prize winner may contest such\ncrediting.\n (7) The office of temporary and disability assistance shall notify the\nprize winner in writing, of the amount of such prize winning to be\ncredited against past-due support and the procedure and time frame by\nwhich the prize winner may contest such crediting based on defenses that\nare not subject to family court jurisdiction. Such procedure shall\ninclude 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.\n (8) (a) For purposes of this section, past-due support owed to persons\nwho are receiving services pursuant to title six-A of article three of\nthe social services law may include:\n (i) amounts representing delinquencies which have accrued under a\ncourt order of support; or\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 enforcement program,\nany payment made by a respondent which is insufficient to fully satisfy\nboth the current support obligations and a periodic payment toward the\nbalance of any arrears amount established by court order shall be first\napplied toward the current support obligation or any delinquency thereon\nand then toward the periodic payment on any arrears amount established\nby court order unless otherwise required by federal regulation.\n (9) From the time the division of the lottery is notified by the state\noffice of temporary and disability assistance of an individual's,\nestate's or trust's liability for past-due support under the agreement\nprovided for in this section, the division of the lottery and the\ndepartment shall be relieved from all liability to such individual,\nestate or trust, their assigns, successors, heirs or representatives for\nthe amount of any lottery prize winning of six hundred dollars or more\ncertified to the comptroller to be credited against past-due support and\nsuch individual, estate or trust shall have no right to commence a court\naction or proceeding or to any other legal recourse against the division\nof the lottery or the department to recover such overpayment or such\ninterest certified to the comptroller to be credited against past-due\nsupport. Provided, however, nothing herein shall be construed to\nprohibit such individual, estate or trust from proceeding against the\nstate office of temporary and disability assistance or the appropriate\nlocal social services district to recover that part of such overpayment\nor interest thereon so certified to the comptroller to be credited\nagainst past-due support which is greater than the amount of past-due\nsupport owed by such individual, estate or trust on the date of such\ncertification.\n (10) The division of the lottery shall promulgate such rules and\nregulations as it deems necessary to carry out the provisions of this\nsection.\n