§ 111-b. Functions, powers and duties of the department. 1. The single
organizational unit within the department shall be responsible for the
supervision of the activities of state and local officials relating to
establishment of paternity of children born out-of-wedlock, location of
absent parents and enforcement of support obligations of legally
responsible relatives to contribute for the support of their dependents.

2. The department is hereby authorized to accept, on behalf of the
state and the social services districts concerned, assignments of
support rights owed to persons receiving (i) aid to dependent children
pursuant to title ten of article five of this chapter or, (ii) where
appropriate, foster care maintenance payments made pursuant to title
IV-E of the federal social security act; provided however, that it will
not be appropriate where such requirement will have a negative impact
upon the health, safety or welfare of such child or other individuals in
the household or impair the likelihood of the child returning to his or
her family when discharged from foster care or, (iii) home relief
pursuant to title three of article five of this chapter. Notwithstanding
any inconsistent provisions of title six of this article or any other
provisions of law, the department may enforce such assigned support
rights either directly, through social services officials or, if there
is in effect an approved agreement between the social services official
and another governmental agency, through such other agency. In any
proceeding to enforce such assignment, the official bringing such
proceeding shall have the same rights as if the proceeding were being
brought to enforce section four hundred fifteen of the family court act.

2-a. The department shall prepare a notice which shall be distributed
by social services officials to persons who may be required to assign
support rights which notice shall explain the rights and obligations
that may result from the establishment of paternity and the right of the
assignor to be kept informed, upon request, of the time, date and place
of any proceedings involving the assignor and such other information as
the department believes is pertinent. The notice shall state that the
attorney initiating the proceeding represents the department.

3. In appropriate cases, the department is authorized to utilize
support enforcement and collection and location services made available
through the secretary of health and human services, including the
services of federal courts, the federal parent locator service, the
federal case registry of child support orders, the national directory of
new hires, and the treasury department, if and so long as authorized and
required by federal law.

4. The department shall maintain and operate a parent locator service
with respect to cases being provided services pursuant to this title.

To effectuate the purposes of this subdivision, the commissioner shall
request and receive from the departments, authorities, boards, bureaus,
commissions, corporations, councils, funds, offices, or other agencies
of the state, or any of its political subdivisions, and all such
organizational entities of the state and social services districts are
hereby directed, to provide and the political subdivisions are hereby
authorized to provide, such assistance and data as will enable the
department and social services districts to properly carry out their
powers and duties to locate such parents and to enforce their liability
for the support of their children. Any records established pursuant to
the provisions of this section shall be available only to the secretary
of health and human services, office of the inspector general, social
services districts, district attorneys, county attorneys, corporation
counsels, and courts having jurisdiction in any proceeding under article
four, five, five-A, or five-B of the family court act; provided,
however, no organizational entity of the state need make available any
data or information which is otherwise required by statute to be
maintained in a confidential manner.

4-a. (a) The department shall maintain and operate a state case
registry that contains records with respect to:

(1) each case receiving services pursuant to this title; and

(2) each support order established or modified in the state on or
after the first day of October, nineteen hundred ninety-eight.

(b) For the purpose of subparagraph two of paragraph (a) of this
subdivision, the term support order means a judgment, decree, or order,
whether temporary, final, or subject to modification, issued by a court
or an administrative agency of competent jurisdiction, including any
adjusted order issued by a support collection unit, for the support and
maintenance of a child, including a child who has attained the age of
majority under the law of the issuing state, or a child and the parent
with whom the child is living, which provides for monetary support,
health care, arrearages, or reimbursement, and which may include related
costs and fees, interest and penalties, income withholding, attorney's
fees, and other relief.

(c) Each case record in the state case registry with respect to cases
described in subparagraph one of paragraph (a) of this subdivision for
which a support order has been established shall include a record of:

(1) the amount of monthly (or other periodic) support owed under the
order, and other amounts (including arrearages, interest or late payment
penalties, and fees) due or overdue under the order;

(2) any amount described in subparagraph one of this paragraph that
has been collected;

(3) the distribution of such collected amounts;

(4) the birth date of any child for whom the order requires the
provision of support; and

(5) the amount of any lien imposed with respect to the order pursuant
to section one hundred eleven-u of this article.

(d) The department shall update and monitor each case record in the
state registry described in subparagraph one of paragraph (a) of this
subdivision on the basis of:

(1) information on administrative actions and administrative and
judicial proceedings and orders relating to paternity and support;

(2) information obtained from comparison with federal, state or local
sources of information;

(3) information on support collections and distributions; and

(4) any other relevant information.

(e) Information maintained as part of the state case registry shall be
made available to other state and federal agencies as provided for in
federal statutes and regulations promulgated by the federal secretary of
health and human services.

5. (a) There shall be established for each state fiscal year a
statewide child support collections goal for amounts of collections of
support obligations pursuant to this title, which goal shall be set
forth in that portion of the state's local assistance budget intended
for the appropriation of reimbursement to social services districts
pursuant to this chapter. The commissioner shall, subject to the
approval of the director of the budget, annually allocate a portion of
the statewide goal to each social services district, which portion shall
be based upon the district's portion of the statewide aid to dependent
children program and other relevant factors.

(b) Notwithstanding any inconsistent provision of section one hundred
fifty-three of this chapter, for each social services district which
fails to meet its portion of the collection goal established by this
section, the commissioner shall deny state reimbursement for such
district's expenditures for aid to dependent children, in an amount
equal to the difference between the amount of non-federal funds such
district is required to repay to the state out of collections actually
made and the amount of non-federal funds such district would have been
required to repay to the state had it met its collection goal.

(c) Any social services district which has been determined to have
failed to meet its portion of the collection goal may request a
redetermination by the commissioner or his designee in a manner to be
established by department regulations. Upon a showing by such district
that such failure was due in whole or in part to factors other than
those administrative and processing functions or organizations which are
subject to the jurisdiction of such district's local legislative body,
the commissioner shall waive such failure in whole or in part and shall
restore all or a corresponding portion of any state reimbursement
previously denied pursuant to this section.

(d) For purposes of determining the amount of child support
collections which are attributable toward meeting a district's portion
of the statewide collections goal, any amounts collected by one social
services district on behalf of another shall be credited to the district
to which support payments have been assigned. Support payments collected
on behalf of another state or on behalf of persons not in receipt of aid
to dependent children shall not be taken into consideration in
determining whether such district has met its goal.

(e) The department may for purposes of administrative convenience set
monthly or quarterly goals based upon each district's annual goal and
may deny reimbursement on a monthly or quarterly basis, subject to a
final adjustment at the end of each year reflecting the extent to which
each such district has met its portion of the statewide annual goal.

6. When the commissioner has determined that a social services
district has failed to meet its portion of the statewide child support
collections goal, as determined in accordance with the provisions of
subdivision five of this section, or has failed to comply with the
applicable provisions of federal law and regulations, he shall notify
such district and the appropriate local legislative body of such
determination and may promulgate any regulations he determines are
necessary to improve such district's organization, administration,
management or program. Such regulations shall be fully complied with by
the effective date of such regulations.

7. The department, through the commissioner, shall enter into the
agreement provided for in section one hundred seventy-one-c of the tax
law and is authorized to furnish to the commissioner of taxation and
finance and the state tax commission such information and to take such
other actions as may be necessary to carry out the agreement provided
for in such section, for the crediting of overpayments of tax to
past-due support which is owed to persons receiving services pursuant to
this title and title six-B of this article. A person receiving services
under this title shall receive a pro rata share of the overpayment of
tax, based on the amount of past-due support owed to such person as
certified to the tax commission by the department pursuant to section
one hundred seventy-one-c of the tax law, in cases where the individual,
estate or trust owing past-due support to such person owes past-due
support to other persons or entities so certified to the tax commission
by the department. Amounts certified to the state tax commission under
such agreement may include amounts specified in subdivision eight of
this section. The amount paid by the state comptroller to the department
pursuant to subdivision one of section one hundred seventy-one-c of the
tax law shall be distributed in accordance with applicable provisions of
this chapter and the department's regulations. To the extent permitted
by federal law, the department may also certify amounts to the federal
department of health and human services for tax interception to the same
extent as it certifies amounts pursuant to such section of the tax law.

The department shall by regulation establish procedures by which any
individual, estate or trust which is the subject of a certification to
the state tax commission in accordance with such agreement may contest
such certification based on defenses that are not subject to family
court jurisdiction. Such regulations and the notice required by
subdivision four of section one hundred seventy-one-c of the tax law
shall set forth defenses which may be available to the individual,
estate or trust to contest such certification, and the manner in which a
review of the certification based on such defenses may be obtained.

8. (a) Amounts certified to the state tax commission under the
agreement described in subdivision seven of this section for persons who
are receiving services pursuant to this title may include:

(i) amounts representing delinquencies which have accrued under a
court order of support;

(ii) with respect to any court order of support made before September
first, nineteen hundred eighty-four which provided for periodic payments
toward an established arrears amount, the entire amount of such arrears
where the respondent is, at any time after September first, nineteen
hundred eighty-four, delinquent in making such periodic payments; and

(iii) with respect to any court order of support made on or after
September first, nineteen hundred eighty-four which establishes an
arrears amount, the entire amount of such arrears, unless such order
includes a finding that anticipated tax refunds pursuant to the most
recently filed state and federal tax returns have been considered by the
court and taken into account in determining the amount of periodic
payments to be made toward the arrears amount, or in determining the
amount of the current support order, and expressly provides that such
arrears are not to be so certified.

(b) For the purpose of the state child support program any payment
made by a respondent which is insufficient to fully satisfy both a
current court order of support and a periodic payment toward the balance
of any arrears amount established by court order shall be first applied
toward the current order of support or any delinquency thereon and then
toward the periodic payment on any arrears amount established by court
order unless otherwise required by federal regulation.

* 10. (a) The department, through the commissioner, shall enter into
the agreement provided for in section sixteen hundred thirteen-a of the
tax law and is authorized to furnish to the director of the lottery and
the division of the lottery such information and to take such other
actions as may be necessary to carry out the provisions of the agreement
provided for in such section, for the crediting of lottery prizes of six
hundred dollars or more to past-due support which is owed to persons
receiving services pursuant to this title. A person receiving services
under this title shall receive a pro rata share of the prize winning
based on the amount of past-due support owed to such person as provided
to the division of the lottery by the department pursuant to section
sixteen hundred thirteen-a of the tax law, in cases where the
individual, estate or trust owing past-due support to such person owes
past-due support to other persons or entities so provided to the
division of the lottery by the department. Amounts provided to the
division of the lottery under such agreement may include amounts
specified in this subdivision. The amount paid by the state comptroller
to the department pursuant to subdivision one of section sixteen hundred
thirteen-a of the tax law shall be distributed in accordance with
applicable provisions of this chapter and the department's regulations.

(b) The department shall by regulation establish procedures by which
any individual, estate or trust which is the subject of crediting of any
lottery prize of six hundred dollars or more to the state division of
the lottery in accordance with such agreement may contest such crediting
based on defenses that are not subject to family court jurisdiction.
Such regulations shall require that notice be given to the individual,
estate or trust which shall set forth:

(i) defenses which may be available to the individual, estate or trust
to contest such crediting;

(ii) the manner in which a review of the crediting of lottery prizes
of six hundred dollars or more based on such defenses may be obtained;

(iii) 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; and

(iv) the time frame by which such a defense must be made.

* NB There are 2 sb 10's

* 10. The commissioner must review the child support standards act at
least once every four years to ensure that its application results in
the determination of appropriate child support amounts. As part of such
review, the commissioner must consider economic data on the cost of
raising children and analyze case data, gathered through sampling or
other methods, on the application of, and deviations from the basic
child support obligation. The analysis of the data must be used to
ensure that such deviations are limited and, if appropriate, necessary
revisions to the child support standards act must be submitted to the
legislature to accomplish such purpose.

* NB There are 2 sb 10's

11. (a) Amounts certified to the division of the lottery under the
agreement described in subdivision ten of this section for persons who
are receiving services pursuant to this title may include:

(i) amounts representing delinquencies which have accrued under a
court order of support;

(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 program any payment
made by a respondent which is insufficient to fully satisfy both a
current court order of support and a periodic payment toward the balance
of any arrears amount established by court order shall be first applied
toward the current order of support or any delinquency thereon and then
toward the periodic payment on any arrears amount established by court
order unless otherwise required by federal regulation.

* 12. (a) The department, through the commissioner, shall enter into
the agreement provided for in section five hundred ten of the vehicle
and traffic law and is authorized to furnish to the commissioner of
motor vehicles such information and to take such actions as may be
necessary to carry out the agreement provided for in such section, for
the enforcement of child support orders through the suspension of
delinquent obligors' driving privileges.

(b) (1) When a support obligor who is or was under a court order to
pay child support or combined child and spousal support to a support
collection unit on behalf of persons receiving services under this title
has accumulated support arrears equivalent to or greater than the amount
of support due pursuant to such order for a period of four months, the
office of temporary and disability assistance shall notify the support
obligor in writing that his or her continued failure to pay the support
arrears shall result in notification to the department of motor vehicles
to suspend the support obligor's driving privileges unless the support
obligor complies with the requirements set forth in paragraph (e) of
this subdivision. For purposes of determining whether a support obligor
has accumulated support arrears equivalent to or greater than the amount
of support due for a period of four months, the amount of any
retroactive support, other than periodic payments of retroactive support
which are past due, shall not be included in the calculation of support
arrears pursuant to this section; however, if at least four months of
support arrears have accumulated subsequent to the date of the court
order, the entire amount of any retroactive support may be collected
pursuant to the provisions of this subdivision or as otherwise
authorized by law.

(2) The department shall provide the notice required by subparagraph
one of this paragraph by first class mail to the support obligor's last
known address or such other place where the support obligor is likely to
receive notice, or in the same manner as a summons may be served.
Forty-five days after the date of such notice, if the support obligor
has not challenged the determination of the support collection unit
pursuant to subparagraph one of paragraph (d) of this subdivision or if
the support obligor has failed to satisfy the arrears/past due support
or to otherwise comply with the requirements set forth in paragraph (e)
of this subdivision, the department shall notify the department of motor
vehicles that the support obligor's driving privileges are to be
suspended pursuant to section five hundred ten of the vehicle and
traffic law. Upon the support obligor's compliance with the provisions
of paragraph (e) of this subdivision, the department shall advise the
department of motor vehicles within five business days that the
suspension of the support obligor's driving privileges shall be
terminated. If the support obligor appears in person at the support
collection unit to satisfy the requirements of paragraph (e) of this
subdivision, the support collection unit shall immediately provide a
notice of compliance to the support obligor, in addition to the notice
sent directly to the department of motor vehicles.

(3) Notwithstanding the requirements of this subdivision, no notice
shall be issued by the department pursuant to subparagraph one of this
paragraph to a support obligor from whom support payments are being
received by the support collection unit as a result of an income
execution or an income deduction order issued pursuant to section five
thousand two hundred forty-one or five thousand two hundred forty-two of
the civil practice law and rules.

(c) The notice provided to a support obligor by the department
pursuant to paragraph (b) of this subdivision shall contain the caption
of the order of support, the date the order of support was entered, the
court in which it was entered, the amount of the periodic payments
directed, and the amount of arrears/past due support. In addition, the
notice shall include:

(1) an explanation of the action required pursuant to paragraph (e) of
this subdivision to be taken by the support obligor to avoid the
suspension of his or her driving privileges;

(2) a statement that forty-five days after the date of the notice, the
department of motor vehicles will be notified to suspend the support
obligor's driving privileges unless the support obligor may challenge
the support collection unit's determination as set forth in paragraph
(d) of this subdivision within forty-five days of the date of such
notice; a statement of the manner in which the support obligor may
challenge the determination, and a statement that if the support obligor
challenges the determination, a review will be completed by the support
collection unit within seventy-five days of the date of the notice;

(3) a statement that if the support obligor does not challenge the
support collection unit's determination then the department of motor
vehicles shall be notified to suspend the support obligor's driving
privileges unless the support obligor contacts the support collection
unit to arrange for full payment or commencement of satisfactory payment
arrangements on the arrears/past due support, or to comply otherwise
with the requirements set forth in paragraph (e) of this subdivision,
within forty-five days of the date of the notice;

(4) the address and telephone number of the support collection unit
that the support obligor may contact to request information about a
challenge or to comply with the requirements set forth in paragraph (e)
of this subdivision;

(5) a statement that the suspension of driving privileges will
continue until the support obligor pays the support arrears or complies
otherwise with the requirements set forth in paragraph (e) of this
subdivision; and

(6) a statement printed in boldface type that the support obligor's
intentional submission of false written statements to the support
collection unit for the purpose of frustrating or defeating the lawful
enforcement of support obligations is punishable pursuant to section
175.35 of the penal law.

(d) (1) A support obligor may challenge in writing the correctness of
the determination of the support collection unit that the obligor's
driving privileges should be suspended, and in support of the challenge
may submit documentation demonstrating mistaken identity, error in
calculation of arrears, financial exemption from license suspension
pursuant to the conditions enumerated in paragraph (e) of this
subdivision, the absence of an underlying court order to support such
determination, or other reason that the person is not subject to such
determination. Such documents may include but are not limited to a copy
of the order of support pursuant to which the obligor claims to have
made payment, other relevant court orders, copies of cancelled checks,
receipts for support payments, pay stubs or other documents identifying
wage withholding, and proof of identity. The support collection unit
shall review the documentation submitted by the support obligor, shall
adjust the support obligor's account if appropriate, and shall notify
the support obligor of the results of the review initiated in response
to the challenge within seventy-five days from the date of the notice
required by paragraph (b) of this subdivision. If the support collection
unit's review indicates that the determination to suspend driving
privileges was correct, the support collection unit shall notify the
support obligor of the results of the review and that the support
obligor has thirty-five days from the date of mailing of such notice to
satisfy the full amount of the arrears or commence payment of the
arrears/past due support as specified in paragraph (e) of this
subdivision and if the support obligor fails to do so, the support
collection unit shall notify the department of motor vehicles to suspend
the support obligor's driving privileges pursuant to section five
hundred ten of the vehicle and traffic law. The support obligor shall be
further notified that if the support obligor files objections with the
family court and serves these objections on the support collection unit
within thirty-five days from the date of mailing of the notice denying
the challenge pursuant to subdivision five of section four hundred
fifty-four of the family court act, the support collection unit shall
not notify the department of motor vehicles to suspend the support
obligor's driving privileges until fifteen days after entry of judgement
by the family court denying the objections.

(2) A support obligor may within thirty-five days of mailing of the
notice denying his or her challenge by the support collection unit
request that the family court review the support collection unit's
determination pursuant to subdivision five of section four hundred
fifty-four of the family court act. If the support obligor requests the
family court to review the determination of the support collection unit,
the support collection unit shall not notify the department of motor
vehicles to suspend the support obligor's driving privileges until
fifteen days after mailing of a copy of the judgment by the family court
to the support obligor denying the objections.

(e) A support obligor who has received a notice that his or her
driving privileges shall be suspended may avoid the suspension by:

(1) making full payment of all arrears/past due support to the support
collection unit; or

(2) making satisfactory payment arrangements with the support
collection unit for payment of the arrears/past due support and the
current support obligation. "Satisfactory payment arrangements" shall
mean:

(i) execution of a confession of judgment for the total balance of the
arrears/past due support; and

(ii) execution of a verified statement of net worth on a form
prescribed by the commissioner setting forth the obligor's income from
all sources, liquid assets and holdings, copies of the obligor's drivers
license, most recent federal and state tax return, and a representative
pay stub, and an eighteen month employment history; and

(iii) execution and verification of a stipulation that the obligor
will notify the support collection unit of all future changes of address
until such time as the obligation to pay support is terminated; and

(iv) payment of support to the support collection unit by income
execution pursuant to section five thousand two hundred forty-one of the
civil practice law and rules, which shall include deductions sufficient
to ensure compliance with the direction in the order of support and
shall include an additional amount to be applied to the reduction of
arrears as required by subdivision (b) of such section, or by execution
of an agreement for payment of the arrears/past due support and any
current support directly to the support collection unit in an amount
which is consistent with that which would have been made under such an
income execution; provided however, that where the support obligor fails
to comply with the agreement, he/she may avoid or terminate the
suspension of driving privileges only by making at least fifty percent
payment of all arrears/past due support to the support collection unit
and in addition, entering into a payment plan pursuant to this
subdivision with the support collection unit within fifteen days.
However, in any case when the support obligor fails to comply with a
payment plan as described herein more than once within twelve months,
the obligor must pay the balance of all arrears/past due support to
avoid or terminate license suspension. "Failure to comply" for these
purposes shall mean missing payments in an amount equivalent to four
months of support under the payment plan, unless the support obligor
demonstrates that he or she has filed a petition for modification that
is pending; or

(3) providing documentation that shows the support obligor is
receiving public assistance or supplemental security income; or

(4) providing to the support collection unit the documentation
required by clauses (i) through (iii) of subparagraph two of this
paragraph, where such documentation is sufficient for the support
collection unit to determine:

(i) that the support obligor's income, as defined by subparagraph five
of paragraph (b) of subdivision one of section four hundred thirteen of
the family court act, falls below the self-support reserve as defined by
subparagraph six of paragraph (b) of subdivision one of section four
hundred thirteen of the family court act; or

(ii) that the amount of the support obligor's income, as defined by
subparagraph five of paragraph (b) of subdivision one of section four
hundred thirteen of the family court act, remaining after the payment of
the current support obligation would fall below the self-support reserve
as defined by subparagraph six of paragraph (b) of subdivision one of
section four hundred thirteen of the family court act.

(f) A support obligor who alleges that he or she has not received
actual notice pursuant to paragraph one of subdivision (b) of this
section and whose driving privileges were suspended may at any time
request a review pursuant to subdivision (d) of this section or comply
with the requirements of subdivision (e) of this section, and upon a
determination that he or she has not accumulated support arrears
equivalent to or greater than the amount of support due for a period of
four months or that he or she meets the requirements of subdivision (e)
of this section, the department shall notify the department of motor
vehicles that the suspension of driving privileges shall be terminated.

* NB Repealed August 31, 2025

13. (a) The commissioner shall enter into the agreement provided for
in section one hundred seventy-one-g of the tax law and is authorized to
furnish to the commissioner of taxation and finance any information, and
to take such other actions, as may be necessary to carry out the
agreement provided for in such section, for the purpose of reviewing
support orders pursuant to subdivision twelve of section one hundred
eleven-h of this title.

(b) Information obtained under paragraph (a) of this subdivision shall
be confidential and shall not be disclosed to persons or agencies other
than those entitled to such information when such disclosure is
necessary for the proper administration of the child support enforcement
program pursuant to this title.

14. For purposes of this subdivision, the department or, pursuant to
contract, a fiscal agent is authorized to collect and disburse any
support paid pursuant to any order of child support or combined child
and spousal support issued on or after the first day of January,
nineteen hundred ninety-four under the provisions of section two hundred
thirty-six or two hundred forty of the domestic relations law, or
article four, five, five-A or five-B of the family court act, and which
the court has ordered to be paid pursuant to an income execution issued
by the sheriff, the clerk of the court, or the attorney for the creditor
pursuant to subdivision (c) of section five thousand two hundred
forty-one of the civil practice law and rules or an income deduction
order issued by the court pursuant to subdivision (c) of section five
thousand two hundred forty-two of the civil practice law and rules. Such
support received shall be disbursed within two business days of receipt.
The department shall maintain records of its collection and disbursement
of such support and furnish such records to the parties to the order
upon request. The department shall be entitled to collect an annual
service fee not to exceed the maximum fee permitted pursuant to federal
law for its provision of such services. Funds received in satisfaction
of such fee shall be deposited in an account and shall be made available
to the department for costs incurred in the implementation of this
section. The department shall not furnish any additional services to the
parties; however, a party seeking child support services may apply for
such services pursuant to section one hundred eleven-g of this title.
The department shall not be responsible for the collection and
disbursement of any support until after it has received a copy of the
income execution from the sheriff, the clerk of the court, or the
attorney for the creditor or a copy of the income deduction order issued
by the court and the person entitled to the payment of support pursuant
to the order of support has submitted payment of the annual service fee
if any, and unless its records show that it has received such support on
behalf of the parties to the order, and that the party to whom the funds
are to be disbursed has provided the department with any address
changes.

15. (a) The department, through the commissioner, shall enter into the
agreement provided for in section one hundred seventy-one-i of the tax
law and is authorized to furnish to the commissioner of taxation and
finance such information and to take such other actions as may be
necessary to carry out such agreement.

(b) (1) When a support obligor who is or was under a court order to
pay child support or combined child and spousal support to a support
collection unit on behalf of persons receiving services under this title
has accumulated support arrears equivalent to or greater than the amount
of support due pursuant to such order for a period of four months, the
office of temporary and disability assistance shall notify the support
obligor in writing that his or her continued failure to fully pay the
support arrears shall result in notification to the department of
taxation and finance that they are authorized to collect such arrearage.
For purposes of determining whether a support obligor has accumulated
support arrears equivalent to or greater than the amount of support due
for a period of four months, the amount of any retroactive support,
other than periodic payments of retroactive support which are past due,
shall not be included in the calculation of support arrears pursuant to
this section; however, if at least four months of support arrears have
accumulated subsequent to the date of the court order, the entire amount
of any retroactive support may be collected pursuant to the provisions
of this subdivision or as otherwise authorized by law.

(2) The department shall provide the notice required by subparagraph
one of this paragraph by first class mail to the support obligor's last
known address or such other place where the support obligor is likely to
receive notice by first class mail. Forty-five days after the date of
such notice, if the support obligor has not challenged the determination
of the support collection unit pursuant to subparagraph one of paragraph
(d) of this subdivision or if the support obligor has failed to satisfy
the arrears, the department shall notify the department of taxation and
finance that the support obligor's support arrearage are authorized to
be collected as prescribed in subparagraph one of this paragraph.

(3) Notwithstanding the requirements of this subdivision, no notice
shall be issued by the department pursuant to subparagraph one of this
paragraph to a support obligor from whom support payments are being
received by the support collection unit as a result of an income
execution or an income deduction order issued pursuant to section five
thousand two hundred forty-one or five thousand two hundred forty-two of
the civil practice law and rules.

(c) The notice provided to a support obligor by the department
pursuant to paragraph (b) of this subdivision shall contain the caption
of the order of support, the date the order of support was entered, the
court in which it was entered, the amount of the periodic payments
directed, and the amount of arrears. In addition, the notice shall
include:

(1) a statement that unless the support arrears are satisfied within
forty-five days after the date of the notice, the department of taxation
and finance will be notified that they are authorized to commence
collection action unless the support obligor challenges the support
collection unit's determination as set forth in paragraph (d) of this
subdivision within forty-five days of the date of such notice; a
statement of the manner in which the support obligor may challenge the
determination, and a statement that if the support obligor challenges
the determination, a review will be completed by the support collection
unit within seventy-five days of the date of the notice;

(2) a statement that if the support obligor does not challenge the
support collection unit's determination then the department of taxation
and finance shall be notified that they are authorized to commence
collection action unless the support obligor contacts the support
collection unit to arrange for full payment of the arrears;

(3) the address and telephone number of the support collection unit
that the support obligor may contact to request information about a
challenge to the determination of the support collection unit;

(4) a statement that the collection actions by the department of
taxation and finance is authorized to continue until the support obligor
pays the support arrears; and

(5) a statement printed in boldface type that the support obligor's
intentional submission of false written statements to the support
collection unit for the purpose of frustrating or defeating the lawful
enforcement of support obligations is punishable pursuant to section
175.35 of the penal law.

(d) A support obligor who has received a notice that his or her
support arrearage shall be referred to the department of taxation and
finance for collection action may avoid such action by making payment of
all arrears to the support collection unit; providing documentation that
shows the support obligor is receiving public assistance, medical
assistance, food stamps or supplemental security income; or providing to
the support collection unit the documentation sufficient for the support
collection unit to determine:

(1) an error in the calculation of the obligor's support arrears which
would render the obligor ineligible for collection by the department of
taxation and finance; or

(2) a mistake in the identity of the obligor showing that the
individual making the challenge is not the obligor identified by the
department; or

(3) the absence of an underlying court order for support pursuant to
which the obligor's arrears gave rise to eligibility for collection
action on such arrears by the department of taxation and finance.

16. Bureaus of special hearings; child support unit. (a) The
department is authorized to establish a bureau of special hearings;
child support unit solely for the purposes of providing administrative
law judges to decide objections to the determination of a support
collection unit to refer an obligor's arrears to the department of
taxation and finance for collection pursuant to subdivision nineteen of
section one hundred eleven-h of this title. The administrative law
judges employed by the unit shall serve exclusively within the unit and
shall not be utilized for any purpose other than those described in this
subdivision and shall be salaried employees of the department and shall
not be removed from such unit except for cause.

(b) The unit shall review a support collection unit's denial of a
challenge made by a support obligor pursuant to paragraph two of
subdivision nineteen of section one hundred eleven-h of this title if
objections thereto are filed by a support obligor who has received
notice that the department intends to notify the department of taxation
and finance to collect such support obligor's support arrears. Specific
written objections to a support collection unit's denial must be
submitted by the support obligor to the unit within thirty days of the
date of the notice of the support collection unit's denial. A support
obligor who files such objections shall serve a copy of the objections
upon the support collection unit, which shall have ten days from such
service to file a written rebuttal to such objections and a copy of the
record upon which the support collection unit's denial was made,
including all documentation submitted by the support obligor. Proof of
service shall be filed with the unit at the time of filing of objections
and any rebuttal. The unit's review shall be based solely upon the
record and submissions of the support obligor and the support collection
unit upon which the support collection unit's denial was made. Within
fifteen days after the rebuttal, if any, is filed, an administrative law
judge of the unit shall (i) deny the objections and remand to the
support collection unit or (ii) affirm the objections if the
administrative law judge finds the determination of the support
collection unit is based upon an erroneous determination of fact by the
support collection unit. Such decision shall pertain solely to the
mistaken identity of the obligor, a prejudicial error in the calculation
of the obligor's arrears, the obligor's financial exemption from
collection of support arrears by the department of taxation and finance
or the absence of an underlying court order establishing arrears to
support eligibility for such enforcement. Upon an affirmation of the
objections the administrative law judge shall direct the support
collection unit not to notify the department of taxation and finance of
their authority to collect the support obligor's arrears. Provisions set
forth in this subdivision relating to procedures for hearing objections
by the unit shall apply solely to such cases and not affect or modify
any other procedure for review or appeal of administrative enforcement
of child support requirements. The decision of the administrative law
judge pursuant to this section shall be final and not reviewable by the
commissioner, and shall be reviewable only pursuant to article
seventy-eight of the civil practice law and rules.

17. Special services for review and adjustment. The department shall
develop procedures for and require local social services districts to
dedicate special staff to the review and adjustment of child support
orders entered prior to September fifteenth, nineteen hundred
eighty-nine on behalf of children in receipt of public assistance or
child support services pursuant to section one hundred eleven-g of this
title. Such review and adjustment shall be performed pursuant to
subdivisions twelve, thirteen, fourteen, fifteen and sixteen of section
one hundred eleven-h of this title. All such cases shall be reviewed and
if necessary adjusted no later than December thirty-first, two thousand.