2010 New York Code
TAX - Tax
Article 8 - (170 - 179) DEPARTMENT OF TAXATION AND FINANCE; COMMISSIONER OF TAXATION AND FINANCE
171-I - Enforcement of child support and combined child and spousal support arrears.

§  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.