171-i. Enforcement of child support and combined child and spousal support arrears. 1. The commissioner, on behalf of the department, shall enter into a written agreement with the commissioner of the office of temporary and disability assistance, on behalf of the office of temporary and disability assistance, which shall set forth the procedures for the department to collect child support and combined child and spousal support arrears.
2. Such agreement shall include:
(a) the criteria for determining cases subject to referral to the department for enforcement which shall not include cases for which payments are being received by the support collection unit as a result of an income execution issued pursuant to section five thousand two hundred forty-one of the civil practice law and rules, and shall not include cases in which the obligor has not accumulated support arrears equivalent to or greater than four months, but shall include cases which meet any of the following criteria:
(i) cases in which the obligor has accumulated support arrears equivalent to or greater than four months; or
(ii) cases with support arrears, notwithstanding the amount of such arrears, selected by the support collection unit for referral consistent with this section, in consultation with the department and the office of temporary and disability assistance;
(b) the procedures and criteria under which the office of temporary and disability assistance and the department shall identify cases to be referred to the department for enforcement;
(c) the procedure under which the office of temporary and disability assistance shall notify and update the commissioner of an obligor's liability for support arrears;
(d) the procedures by which the department and the office of temporary and disability assistance shall coordinate their support enforcement activities;
(e) the procedures by which the department notifies the office of temporary and disability assistance of monies collected and remits such monies to the office of temporary and disability assistance or their fiscal agent for distribution to the appropriate support collection units;
(f) the procedure under which the commissioner shall be notified by the office of temporary and disability assistance that an obligor has satisfied his or her support arrears;
(g) the procedure under which the department and the office of temporary and disability assistance shall provide notification to the other or to the support collection unit of the office of temporary and disability assistance of any information with regard to an obligor's address, income, or employment, or identification of assets which may be subject to enforcement by such support collection unit or by the department;
(h) the procedure for the publicizing of sanctions for nonpayment of support, including enforcement of support arrears by the department; and
(i) such other matters as the parties to such agreement shall deem necessary to carry out the provisions of this section.
3. The office of temporary and disability assistance shall send a notice by first class mail to the last known address or such other place where a support obligor is likely to receive notice, no later than thirty days prior to the date the office of temporary and disability assistance notifies the commissioner of such obligor's liability for support arrears. Such notice shall provide:
(a) that such obligor can avoid notification by the office of temporary and disability assistance to the commissioner by fully satisfying the support arrears or by complying with such other requirements as is provided for in paragraph (d) of subdivision fifteen of section one hundred eleven-b of the social services law; and
(b) the address and telephone number of the support collection unit which such obligor may contact to request information or to arrange for payment of the support arrears.
4. Upon receipt of notification from the office of temporary and disability assistance of an obligor's eligibility for enforcement of support arrears by the department, the commissioner or his or her agent is authorized to initiate enforcement of such arrears. When such notification is made to the commissioner, the department shall be deemed to have obtained a judgment against such obligor for the full amount of the support arrears stated in such notice and any subsequent arrears which may become due. The department may enforce the judgment thereby obtained with like effect and in the same manner prescribed by this chapter for the collection of tax assessment eligible to be docketed under this chapter as a warrant, except that any payment made by the support obligor to the department to satisfy support arrears shall be paid over by the department to the office of temporary and disability assistance or its fiscal agent for distribution to the appropriate support collection unit. Where the sum collected by the department exceeds the amount of the support arrears, and the support obligator also has a liability in respect of any tax, fee or other imposition imposed by or pursuant to the authority of this chapter or any other law if such tax, fee or other imposition is administered by the commissioner, the department may credit such excess against such liability.
5. (a) For purposes of the confidentiality provisions of this chapter, enforcement activities undertaken by the department pursuant to this section shall be considered to be court actions or proceedings under this chapter.
(b) Notwithstanding anything to the contrary contained in the confidentiality provisions of this chapter, the department may furnish the office of temporary and disability assistance or the support collection unit with the information described in paragraph (g) of subdivision two of this section regarding a support obligor whose case has been referred to the commissioner for enforcement pursuant to this section. The office of temporary and disability assistance or the support collection unit, as applicable, may redisclose such information only to the extent necessary to secure the collection of support arrears from such obligor.
6. Activities to enforce support arrears undertaken by the department pursuant to this section shall not in any way limit, restrict or impair the office of temporary and disability assistance from exercising its authority to enforce support arrears under applicable laws; provided, however, that the department and the office of temporary and disability assistance shall coordinate their support enforcement activities in a way designed to minimize duplication of effort and maximize collection of support arrears.
7. If, following referral of an obligor's case to the commissioner, such obligor commences an administrative or quasi-judicial proceeding or any civil proceeding against the department or the commissioner challenging such referral, then the office of temporary and disability assistance and the commissioner of the office of temporary and disability assistance shall be substituted as respondents or defendants in such proceeding, as the case may be. The department shall be bound by any decision in such proceeding which is no longer subject to administrative or quasi-judicial review. Neither the department nor the commissioner shall be liable for any damages sustained by reason of such referral.
8. Notwithstanding any provision of law to the contrary, a payment of support arrears made to the department pursuant to the provisions of this section shall be deemed to be a payment of such arrears to the office of temporary and disability assistance or its fiscal agent.
Last modified: February 3, 2019