§ 111-h. Support collection unit. 1. Each social services district
shall establish a support collection unit in accordance with regulations
of the department to collect, account for and disburse funds paid
pursuant to any order of child support or child and spousal support
issued 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; provided however, that the
department, subject to availability of funds, shall furnish centralized
collection and disbursement services for and on behalf of each social
services district. Until such time as the department performs collection
and disbursement functions for a particular social services district,
that social services district shall continue to perform those functions.

* 2. The support collection unit shall inform the petitioner and
respondent of any case in which a required payment has not been made
within two weeks after it was due and shall assist in securing voluntary
compliance with such orders or in preparation and submission of a
petition for a violation of a support order. Upon the written request of
the debtor, the support collection unit shall issue an income execution
as provided in section fifty-two hundred forty-one of the civil practice
law and rules, except that the provisions of subdivisions (d) and (e)
thereof shall not apply. Upon receipt of written revocation of such
request, the support collection unit shall notify the employer or income
payor that the levy is no longer effective, and the execution shall be
returned.

* NB There are 2 sb 2's

* 2. The support collection unit shall establish a system that will
allow it to inform the petitioner and respondent of any case in which a
required payment has not been made within two weeks after it was due and
to assist in securing voluntary compliance with such orders or in
preparation and submission of a petition for a violation of a support
order, and shall implement such system no later than July first,
nineteen hundred seventy-eight based on a plan submitted to and approved
by the department on or before December first, nineteen hundred
seventy-seven.

* NB Expired January 1, 1978 (There are 2 sb 2's)

3. The support collection unit shall require that a person applying
for child support enforcement services provide his or her name, address
and social security number and disclose whether he or she is in receipt
of safety net assistance or family assistance; provided, however, that a
social security number may be required only where permitted under
federal law.

4. Any and all moneys paid into the support collection unit pursuant
to an order of support made under the family court act or the domestic
relations law, where the petitioner is not a recipient of public
assistance, shall upon payment into such support collection unit be
deemed for all purposes to be the property of the person for whom such
money is to be paid.

5. Except as provided in subdivision six of this section, any funds
paid to a support collection unit established by a social services
district which have not been disbursed after two years of diligent
efforts to locate the person entitled to such funds shall be paid to the
state comptroller in accordance with subdivision seven of this section
unless information has been received that is likely to lead to the
location of the person who is entitled to such funds; provided, however,
where the support collection unit determines that the person entitled to
the funds is deceased and cannot locate an estate for the person
entitled to the funds, or the estate does not claim the funds, such
funds may be paid to the state comptroller in accordance with
subdivision seven of this section without two years of diligent efforts.

6. Any funds paid to a support collection unit established by a social
services district for which the remitter of such funds has not provided
sufficient identifying information to associate the funds with an
existing or previously existing child support account, and such
information cannot be determined after diligent efforts, shall be paid
to the state comptroller in accordance with subdivision seven of this
section.

7. In the month of April, on or before the tenth day thereof, such
payment shall be delivered to the state comptroller pursuant to section
thirteen hundred eighteen of the abandoned property law, and shall be
accompanied by a written report, affirmed as true and accurate under the
penalty of perjury, classified as the state comptroller shall prescribe,
setting forth: (a) the names and last known addresses, if any, of the
persons entitled to receive such abandoned property; (b) the title of
any proceeding relating to such abandoned property; and (c) such other
identifying information as the state comptroller may require.

8. Banks and other fiduciary institutions are authorized and required
to report to the support collection unit, when so requested, full
information relative to any fund therein deposited by a petitioner or
respondent in a proceeding under section two hundred thirty-six or two
hundred forty of the domestic relations law or article five-B of the
family court act, where there is an order of support payable through the
support collection unit or article four, five or five-A of the family
court act.

9. Employers are authorized and required to report to the support
collection unit, when so requested, full information as to the earnings
of a petitioner or respondent in a proceeding under section two hundred
thirty-six or two hundred forty of the domestic relations law or article
five-B of the family court act, where there is an order of support
payable through the support collection unit or article four, five,
five-A or five-B of the family court act. Employers also are authorized
and required to report to the support collection unit, when so
requested, information relating to any group health plans available for
the provision of care or other medical benefits by insurance or
otherwise for the benefit of the employee and/or the child or children
for whom such parties are legally responsible for support.

10. The support collection unit is authorized and required to report
to the family court, when so requested, full information relative to
amounts paid or any arrearages by a respondent in a proceeding under
articles four, five, five-A or article five-B of the family court act.

11. The department may provide for the performance of the collection
and disbursement functions of the support collection units by contract
with a fiscal agent. For purposes of any reference to support collection
unit in this chapter or any other law, the fiscal agent under contract
with the department shall be deemed to be part of all support collection
units for which the fiscal agent performs collection and disbursement
functions.

12. The support collection unit shall undertake a public service
campaign as soon as practicable to inform citizens of the possibility of
driver, business and professional license suspension for support
enforcement.

13. (1) A support obligor may challenge in writing the correctness of
the determination of the support collection unit pursuant to this
section and section one hundred seventy-one-i of the tax law that the
obligor's arrearage should be collected through the department of
taxation and finance, and in support of the challenge may submit
documentation demonstrating mistaken identity, error in calculation of
arrears, financial exemption from such collection, the absence of an
underlying court order establishing arrears to support such
determination. Such documents may include 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,
proof of identity, and like documents. 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. If the support collection unit's review indicates that the
determination to refer to the department of taxation and finance for
collection was correct, the support collection unit shall notify the
support obligor of the results of the review and that the support
obligor has thirty days from the date of such notice to satisfy the full
amount of the arrears. If the support obligor fails to do so, the
support collection unit shall notify the department of taxation and
finance that they are authorized to commence collection of the arrears.
The support obligor shall be further notified that if the support
obligor files objections to the review determination of the support
collection unit with the bureau of special hearings; child support unit
of the department pursuant to subdivision sixteen of section one hundred
eleven-b of this title, and serves these objections on the support
collection unit within thirty days from the date of notice denying the
challenge, the support collection unit shall not notify the department
of taxation and finance of their authority to collect the arrearages
until fifteen days after receipt of a decision by the administrative law
judge pursuant to such section.

(2) A support obligor may within thirty days of the date of notice
denying his or her challenge by the support collection unit file
objections to such denial with the bureau of special hearings; child
support unit of the department which shall review the support collection
unit's determination to refer the obligor's case to the department of
taxation and finance for collection pursuant to subdivision sixteen of
section one hundred eleven-b of this title. If the support obligor
timely files such objections with such bureau the support collection
unit shall not notify the department of taxation and finance of their
authority to collect the arrearages until fifteen days after entry of an
order by the administrative law judge denying the objections.

14. If the support obligor is required to participate in work programs
pursuant to section four hundred thirty-seven-a of the family court act,
and the court enters an order of support on behalf of the persons in
receipt of public assistance, the support collection unit shall not file
a petition to increase the support obligation for twelve months from the
date of entry of the order of support if the support obligor's income is
derived from participation in such programs.