2006 New York Code - Order Of Support.

 
    §  440. Order of support. 1.  (a)  Any support order made by the court
  in any proceeding under the provisions of article five-B  of  this  act,
  pursuant to a reference from the supreme court under section two hundred
  fifty-one  of  the  domestic  relations  law  or under the provisions of
  article four, five or five-A of this act (i) shall direct that  payments
  of  child  support  or  combined  child and spousal support collected on
  behalf of persons in receipt of services pursuant to section one hundred
  eleven-g of the social services law, or on behalf of persons in  receipt
  of  public  assistance be made to the support collection unit designated
  by the appropriate social services district,  which  shall  receive  and
  disburse   funds  so  paid;  or  (ii)  shall  be  enforced  pursuant  to
  subdivision (c) of section five thousand two hundred  forty-two  of  the
  civil  practice  law and rules at the same time that the court issues an
  order of support; and (iii) shall in either case, except as provided for
  herein, be effective as of the earlier of the date of the filing of  the
  petition therefor, or, if the children for whom support is sought are in
  receipt  of  public assistance, the date for which their eligibility for
  public assistance was effective.  Any retroactive amount of support  due
  shall  be  support arrears/past due support and shall be paid in one sum
  or periodic sums, as the court directs,  and  any  amount  of  temporary
  support  which has been paid to be taken into account in calculating any
  amount of such retroactive support due.  In addition,  such  retroactive
  child  support  shall  be  enforceable  in  any  manner  provided by law
  including, but not limited to,  an  execution  for  support  enforcement
  pursuant  to  subdivision  (b) of section fifty-two hundred forty-one of
  the civil practice law and rules.  When a child receiving support  is  a
  public  assistance  recipient, or the order of support is being enforced
  or is to be enforced pursuant to section one  hundred  eleven-g  of  the
  social services law, the court shall establish the amount of retroactive
  child  support and notify the parties that such amount shall be enforced
  by the support collection unit pursuant  to  an  execution  for  support
  enforcement  as  provided  for  in  subdivision (b) of section fifty-two
  hundred forty-one of the civil  practice  law  and  rules,  or  in  such
  periodic  payments  as  would have been authorized had such an execution
  been issued.  In such case, the court shall not direct the  schedule  of
  repayment  of  retroactive  support.   Where such direction is for child
  support and paternity has been established by a voluntary acknowledgment
  of paternity as defined in section forty-one  hundred  thirty-five-b  of
  the  public  health  law, the court shall inquire of the parties whether
  the acknowledgment has been duly filed, and unless satisfied that it has
  been so filed shall  require  the  clerk  of  the  court  to  file  such
  acknowledgment with the appropriate registrar within five business days.
  The  court shall not direct that support payments be made to the support
  collection unit unless the child, who is the subject of the order, is in
  receipt of public assistance  or  child  support  services  pursuant  to
  section one hundred eleven-g of the social services law.  Any such order
  shall  be enforceable pursuant to section fifty-two hundred forty-one or
  fifty-two hundred forty-two of the civil practice law and rules,  or  in
  any  other  manner  provided by law.  Such orders or judgments for child
  support and maintenance shall also be enforceable  pursuant  to  article
  fifty-two of the civil practice law and rules upon a debtor's default as
  such  term  is  defined in paragraph seven of subdivision (a) of section
  fifty-two hundred forty-one of the civil practice law and  rules.    The
  establishment   of   a  default  shall  be  subject  to  the  procedures
  established for the determination  of  a  mistake  of  fact  for  income
  executions  pursuant  to  subdivision  (e)  of section fifty-two hundred
  forty-one of the civil practice law  and  rules.  For  the  purposes  of
  enforcement  of  child  support  orders  or  combined  spousal and child


  support orders pursuant to section five thousand two  hundred  forty-one
  of  the  civil  practice  law  and rules, a "default" shall be deemed to
  include amounts arising from retroactive support.  Where permitted under
  federal  law  and  where  the  record  of  the proceedings contains such
  information, such order shall include on its face  the  social  security
  number  and  the name and address of the employer, if any, of the person
  chargeable with support provided, however, that failure to  comply  with
  this requirement shall not invalidate such order.
    (b)  (1)  When  the court issues an order of child support or combined
  child and spousal support on behalf of  persons  in  receipt  of  public
  assistance  or  in  receipt  of services pursuant to section one hundred
  eleven-g of the social services law, the support collection  unit  shall
  issue  an  income  execution  immediately  for child support or combined
  spousal and child support, and shall  issue  an  execution  for  medical
  support  enforcement  in  accordance with the provisions of the order of
  support unless: (i) the court  finds  and  sets  forth  in  writing  the
  reasons  that  there  is  good  cause  not  to  require immediate income
  withholding; or (ii)  when  the  child  is  not  in  receipt  of  public
  assistance, a written agreement providing for an alternative arrangement
  has been reached between the parties. Such written agreement may include
  an oral stipulation made on the record resulting in a written order. For
  purposes  of  this  paragraph, good cause shall mean substantial harm to
  the debtor. The absence of an arrearage  or  the  mere  issuance  of  an
  income  execution  shall  not  constitute  good cause. When an immediate
  income execution or an execution  for  medical  support  enforcement  is
  issued  by  the  support collection unit, such execution shall be issued
  pursuant to section five thousand two hundred  forty-one  of  the  civil
  practice  law  and rules, except that the provisions thereof relating to
  mistake of fact, default and any other provisions which are not relevant
  to the issuance of an execution pursuant to  this  paragraph  shall  not
  apply;  provided,  however, that if the support collection unit makes an
  error in the issuance of an execution pursuant to  this  paragraph,  and
  such  error  is  to  the detriment of the debtor, the support collection
  unit shall have thirty days after notification by the debtor to  correct
  the error. Where permitted under federal law and where the record of the
  proceedings  contains  such information, such order shall include on its
  face the social  security  number  and  the  name  and  address  of  the
  employer,  if  any,  of  the  person  chargeable with support; provided,
  however,  that  failure  to  comply  with  this  requirement  shall  not
  invalidate  such  order.  When  the  court determines that there is good
  cause not to immediately issue an income execution or when  the  parties
  agree  to  an alternative arrangement as provided in this paragraph, the
  court shall provide expressly in the order of support that  the  support
  collection   unit   shall  not  issue  an  immediate  income  execution.
  Notwithstanding any such order, the support collection unit shall  issue
  an  income execution for support enforcement when the debtor defaults on
  the support obligation, as defined in section five thousand two  hundred
  forty-one  of the civil practice law and rules. When an income execution
  for support enforcement is  issued  pursuant  to  this  paragraph,  such
  income  execution  shall supersede any income deduction order previously
  issued for enforcement of the same support order pursuant to subdivision
  (c) of section five thousand two hundred forty-two of the civil practice
  law and rules, whereupon such income deduction order shall cease to have
  further effect.
    (2) When the court issues an order of child support or combined  child
  and  spousal support on behalf of persons other than those in receipt of
  public assistance or in receipt of  services  pursuant  to  section  one
  hundred  eleven-g  of  the social services law, the court shall issue an


  income deduction order pursuant  to  subdivision  (c)  of  section  five
  thousand  two  hundred  forty-two of the civil practice law and rules at
  the same time at which it issues the order of support. The  court  shall
  enter  the  income deduction order unless the court finds and sets forth
  in writing: (i) the reasons that there is  good  cause  not  to  require
  immediate income withholding; or (ii) that an agreement providing for an
  alternative  arrangement  has  been  reached  between  the parties. Such
  agreement may include a written agreement or an oral  stipulation,  made
  on  the  record,  that  results in a written order. For purposes of this
  paragraph, good cause shall mean substantial harm  to  the  debtor.  The
  absence  of  an  arrearage  or  the mere issuance of an income deduction
  order shall not constitute good cause. Where permitted under federal law
  and where the record of the proceedings contains such  information,  the
  order  shall include on its face the social security number and the name
  and address of the employer, if  any,  of  the  person  chargeable  with
  support; provided, however, that failure to comply with this requirement
  shall  not invalidate the order. When the court determines that there is
  good cause not to immediately issue an income deduction  order  or  when
  the  parties  agree  to  an  alternative arrangement as provided in this
  paragraph, the court shall not  issue  an  income  deduction  order.  In
  addition,  the court shall make provisions for health insurance benefits
  in accordance with the requirements of section four hundred  sixteen  of
  this article.
    (c)    Any  order of support issued on behalf of a child in receipt of
  family assistance or child  support  enforcement  services  pursuant  to
  section one hundred eleven-g of the social services law shall be subject
  to  review  and  adjustment  by  the support collection unit pursuant to
  section one hundred eleven-n of the social  services  law,  section  two
  hundred  forty-c  of the domestic relations law and section four hundred
  thirteen-a of this article. Such  review  and  adjustment  shall  be  in
  addition  to  any  other activities undertaken by the support collection
  unit relating to the establishment,  modification,  and  enforcement  of
  support orders payable to such unit.
    2.  The  court  shall require any person chargeable with support under
  the provisions of article five-B of this act or under any support  order
  made  pursuant  to  a reference from the supreme court under section two
  hundred fifty-one of the domestic relations law  or  in  any  proceeding
  under  the  provisions  of  article  four, five or five-A of this act to
  provide his or her social security number, the name and address  of  his
  or  her  employer  and  to  report  any changes of employer or change in
  employment status affecting compensation  received,  including  rate  of
  compensation  or  loss  of  employment,  to  the support collection unit
  designated by the appropriate social services district and to keep  such
  support  collection  unit  advised  of  his  or her current employer and
  current employment status; provided, however,  that  a  social  security
  number may be required only where permitted under federal law.
    3.  The  amount of support determined in accordance with the statewide
  child support standards, as set forth in section four  hundred  thirteen
  of this act, shall constitute prima facie evidence of the ability of any
  person  chargeable  with  support  in  accordance with the provisions of
  article three-A of the domestic relations law or under any support order
  made pursuant to a reference from the supreme court  under  section  two
  hundred  fifty-one  of  the  domestic relations law or in any proceeding
  under the provisions of article four, five or five-A of this chapter  to
  support  or  contribute  such  amount  towards the support of his or her
  children.
    4.  Any support order made by the court in any  proceeding  under  the
  provisions  of  article five-B of this act, pursuant to a reference from


  the supreme court under section two hundred fifty-one  of  the  domestic
  relations law or under the provisions of article four, five or five-A of
  this  act shall include, on its face, a notice printed or typewritten in
  a  size equal to at least eight point bold type informing the respondent
  that a willful failure to obey  the  order  may,  after  court  hearing,
  result  in  commitment  to  jail for a term not to exceed six months for
  contempt of court.
    5. The court shall direct that a copy of any child support or combined
  child and spousal support order issued by the  court  on  or  after  the
  first  day  of October, nineteen hundred ninety-eight, in any proceeding
  pursuant to a reference from the supreme court under section two hundred
  fifty-one of the domestic relations  law  or  under  the  provisions  of
  article four, five, five-A or five-B of this act be provided promptly to
  the  state  case  registry established pursuant to subdivision four-a of
  section one hundred eleven-b of the social services law.
    6. Any order of support made by the court  shall  provide  for  health
  insurance  benefits  pursuant  to  section  four hundred sixteen of this
  article.