2010 New York Code
TAX - Tax
Article 34 - (1600 - 1620) NEW YORK STATE LOTTERY FOR EDUCATION
1613-A - Crediting of lottery prizes against past-due support.

§  1613-a.  Crediting  of lottery prizes against past-due support. (1)
  The director of the lottery, on behalf of the division of  the  lottery,
  shall enter into a written agreement with the commissioner of the office
  of temporary and disability assistance, on behalf of the state office of
  temporary   and   disability  assistance,  which  shall  set  forth  the
  procedures for crediting any lottery prize of  six  hundred  dollars  or
  more  awarded to an individual, estate or trust against past-due support
  owed by such individual, estate or trust of which the  director  of  the
  lottery has been notified by the commissioner of the office of temporary
  and disability assistance pursuant to the provisions of such agreement.
    (2)  Such  agreement  shall apply to past-due support which is owed to
  persons or entities entitled to enforce an order of support with respect
  to persons receiving services pursuant to title six-A of  article  three
  of  the  social services law. For purposes of this section, an "order of
  support" means any final order, decree  or  judgment  in  a  matrimonial
  action  or family court proceeding, or any foreign support order, decree
  or judgment which is registered pursuant to article five-B of the family
  court act, which requires the payment of alimony,  maintenance,  support
  or child support. For purposes of this section, "past-due support" means
  the  amount  of  a  delinquency  determined  from an order of support no
  longer subject to appellate judicial review.
    (3) Such agreement shall include:
    (a) the procedure under  which  the  state  office  of  temporary  and
  disability  assistance  shall  notify  the  division  of  the lottery of
  liability for past-due support,  such  procedure  to  specify  when  the
  division  of  the  lottery  shall  be  notified  and the content of such
  notification;
    (b) the minimum period of delinquency in payment of  past-due  support
  and  the  minimum  amount  of past-due support with respect to which the
  division of the lottery shall, pursuant  to  this  section,  credit  any
  lottery prize of six hundred dollars or more against past-due support;
    (c)  the procedure for reimbursement of the division of the lottery by
  the state office of temporary and disability  assistance  for  the  full
  cost of carrying out the procedures authorized by this section; and
    (d)  such  other  matters  as the parties to such agreement shall deem
  necessary to carry out the provisions of this section.
    (4) Prior to awarding any lottery prize  of  six  hundred  dollars  or
  more,  the  division of the lottery shall review the notice of liability
  of past-due support provided  by  the  state  office  of  temporary  and
  disability  assistance. For each lottery prize winner identified on such
  notice as an individual, estate or trust  owing  past-due  support,  the
  lottery  division  shall  credit  to  the  state office of temporary and
  disability assistance such amount of the prize to satisfy  the  past-due
  support,  and  any  remainder  shall  be awarded to the prize winner. In
  cases where the prize winner owes past-due  support  to  more  than  one
  person  or  entity, and the total amount of past-due support provided in
  the notice of liability of past-due  support  to  the  division  of  the
  lottery  by  the  state  office  of  temporary and disability assistance
  exceeds the balance remaining, each such person or entity shall  receive
  a pro rata share of the balance remaining, such share to be based on the
  amount  of past-due support owed to such person or entity as provided to
  the division of the lottery by such office pursuant to this section. The
  state office of temporary and disability assistance shall be responsible
  for determining and distributing each  person's  or  entity's  pro  rata
  share of past-due support pursuant to regulations of such office.
    (5)  The  division of the lottery shall certify to the comptroller the
  total amount of  the  lottery  prize  winning  to  be  credited  against

past-due  support  and the remainder of such prize winning to be awarded
  to the prize winner.
    (6)  The  division  of  the  lottery  shall notify the prize winner in
  writing of the total amount of the lottery prize winning to be  credited
  against  past-due  support and the remainder of such prize winning to be
  awarded to the prize winner. Such notice shall further advise the  prize
  winner  that  the  office  of  temporary and disability assistance shall
  provide separate  notice,  in  writing,  to  the  prize  winner  of  the
  procedure  for and time frame by which the prize winner may contest such
  crediting.
    (7) The office of temporary and disability assistance shall notify the
  prize winner in writing, of the amount  of  such  prize  winning  to  be
  credited  against  past-due  support and the procedure and time frame by
  which the prize winner may contest such crediting based on defenses that
  are not subject to  family  court  jurisdiction.  Such  procedure  shall
  include  the  address  and  telephone  number of the local department of
  social services' support collection unit which  may  be  contacted  with
  respect  to  correction  of  any error in such crediting concerning such
  individual's, estate's or trust's liability for past-due support or with
  respect to payment of such liability.
    (8) (a) For purposes of this section, past-due support owed to persons
  who are receiving services pursuant to title six-A of article  three  of
  the social services law may include:
    (i)  amounts  representing  delinquencies  which  have accrued under a
  court order of support; or
    (ii) with respect to any court order of support made which establishes
  an arrears amount, the entire amount of such arrears.
    (b) For the purpose of the state child  support  enforcement  program,
  any  payment made by a respondent which is insufficient to fully satisfy
  both the current support obligations and a periodic payment  toward  the
  balance  of any arrears amount established by court order shall be first
  applied toward the current support obligation or any delinquency thereon
  and then toward the periodic payment on any arrears  amount  established
  by court order unless otherwise required by federal regulation.
    (9) From the time the division of the lottery is notified by the state
  office  of  temporary  and  disability  assistance  of  an individual's,
  estate's or trust's liability for past-due support under  the  agreement
  provided  for  in  this  section,  the  division  of the lottery and the
  department shall be relieved from  all  liability  to  such  individual,
  estate or trust, their assigns, successors, heirs or representatives for
  the  amount  of any lottery prize winning of six hundred dollars or more
  certified to the comptroller to be credited against past-due support and
  such individual, estate or trust shall have no right to commence a court
  action or proceeding or to any other legal recourse against the division
  of the lottery or the department to recover  such  overpayment  or  such
  interest  certified  to  the comptroller to be credited against past-due
  support.  Provided,  however,  nothing  herein  shall  be  construed  to
  prohibit  such  individual,  estate or trust from proceeding against the
  state office of temporary and disability assistance or  the  appropriate
  local  social services district to recover that part of such overpayment
  or interest thereon so certified  to  the  comptroller  to  be  credited
  against  past-due  support  which is greater than the amount of past-due
  support owed by such individual, estate or trust on  the  date  of  such
  certification.
    (10)  The  division  of  the  lottery  shall promulgate such rules and
  regulations as it deems necessary to carry out the  provisions  of  this
  section.