| New York State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| The Office of Child Support Enforcement (OCSE) within the State Office of Temporary and Disability Assistance supervises and monitors the operation of the program, which is administered by the Child Support Enforcement Units of each of the State's 57 county social service districts and by the City of New York's Division of Child Support Enforcement within the Administration for Children Services. The Interstate Central Registry (ICR) within the OCSE serves as the initial entry point for incoming interstate cases and carries out the responsibilities specified at 45 CFR 303.7(a). Upon successful completion of the review and evaluation procedure, the ICR updates the statewide Child Support Management System (CSMS); thereby initiating automated searches, and forwards the case for action to the appropriate Family Court and/or Child Support Enforcement Unit. All case work is accomplished at the local level including direct contact with the initiating jurisdictions that may be required following the ICR referral. In outgoing cases, the County/New York City child support agency interacts directly with the responding jurisdictions' interstate central registry and child support enforcement programs. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 58 |
| A3. With what types of agencies do you have cooperative agreements? |
| County Attorney, County Sheriff |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| No |
| A4.1. If yes, what is the statutory citation? |
| For Additional Information - No Link Provided |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| No |
| A4.3. If yes, please explain. |
| |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 8/1/1997 |
| B2. What is the effective date of your State's UIFSA? |
| 12/31/1997 |
| B3. What is the statutory citation for your State's Act? |
Family Court Act of the State of New York (FCA), Article 5B
For Additional Information - http://codes.lp.findlaw.com/nycode/FCT/5-B |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| N/A |
| B5. Optional comments regarding your State's UIFSA. |
| |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Australia, Austria, Canada (all provinces), Czech Republic, El Salvador, Finland, Germany, Hungary, Ireland, Israel, Mexico, Netherlands, Norway, Poland, Portugal, Slovak Republic, Sweden, Switzerland, United Kingdom. |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No. |
| C1.2. If yes, please explain. |
| |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| 21 |
| D2. What is the statutory citation for the age of majority? |
FCA 413(1)a
For Additional Information - http://codes.lp.findlaw.com/nycode/FCT/4/1/413-a |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| 21 |
| D4. Does the date of the order impact what law is applied? |
| No |
| D4.1. If yes, please explain. |
| |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| Under very limited circumstances if the child is handicapped or stipulated in a divorce decree. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| |
| E. Statute of Limitations |
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|
| E1. What is your State's statute of limitations for collection of past due support? |
| 20 years from date of default in payment regardless of whether or not the past due has been reduced to a judgment for support orders entered after 8/7/87; 6 years for default in payment on orders entered on or before 8/7/87; 20 years for all defaults in payment which have been granted as a money judgment. |
| E2. What is your State's statute of limitations for paternity establishment? |
Up to age 21.
For Additional Information - No Link Provided |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
A hybrid model between a Shared Income Model and a Percentage of Income Model. The formula includes a "basic percentage of income component" and a "supplementary shared income component" with respect to supplemental costs such as child care, educational expenses, excess medical costs and rent, and a child from divorced or separated parents should receive the same proportion of parental income that he/she would have received if parents lived together.
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| 9%, but only on arrearages reduced to a money judgment by court. |
| F3. Does your State charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| |
| F4. Does your State charge interest on adjudicated arrears? |
| Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
If a money judgment is granted for any arrearage: 9% per year.
For Additional Information - No Link Provided |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| State law requires that parents may be required in support orders to pay a proportionate share of unreimbursed medical expenses. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| Costs recovered for legal representation and field investigations, if such services are requested by obligee. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| None, although the courts may order the obligor to pay the obligee attorney fees on a case-by-case basis. |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| Blood testing fees. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Uniform Interstate Family Support Act, FCA Article 5B (section 580).
For Additional Information - http://codes.lp.findlaw.com/nycode/FCT/5-B/2.A |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| For enforcement when included with a child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
Non resident spouse's income information would be required if non resident remarried in a "community property" state. Information on spouse's income would not be requested if couple signed a pre-nuptial agreement choosing a "separation of goods" regime. A certified copy of the pre nuptial agreement would be required.
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| For 4/1/08 - 9/30/08, NYS will pay the fee. Effective 10/1/08, the custodial parent will be charged the fee. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| Yes |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| Yes (effective 10/1/08) |
| F11.3. Does your State collect the fee from the absent parent? |
| No |
| F11.4. Does your State pay the fee out of its own funds? |
| Only from 4/1/08 - 9/30/08 |
| F12. When will your State implement the required DRA limited-assignment provision? |
| October 1, 2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| Yes, in two phases. Phase I provides for an increase in the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family. Phase II will continue the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family with one child, and will increase the pass-through and disregard amounts to up to the first $200 of current support collected for a TANF family with two or more children. Dates: October 1, 2008 (Phase I); January 1, 2010 (Phase II). |
| F13.1. If yes, provide the date. |
| 01/01/2010 |
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| No |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| N/A |
| F15.2. When will your State discontinue each type of assignment? |
| N/A |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA distribution ordering rules. |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| The order must be modified in court. This cannot be done administratively. |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| The order must be modified in court. This cannot be done administratively. |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| The order must be modified in court. This cannot be done administratively. |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| Up to $25.00 is withheld from the custodial parent after $500+ is collected annually. |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income executions for support enforcement (issued by child support units); income deduction orders for support enforcement (issued by the courts). |
| G2. What specific source of income is not subject to withholding? |
Public assistance benefits paid pursuant to the social services law and federal supplemental security income.
For Additional Information - http://codes.lp.findlaw.com/nycode/CVP/52/5241 |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
None.
For Additional Information - No Link Provided |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| No later than the first pay period which occurs 14 days after service of the execution. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| No later than 10 days from the date the debtor is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Order to Show Cause, Family Court. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Employers are liable for failure to deduct amounts specified for accrued deductions, interest, and reasonable attorneys' fees. Also, as per CPLR 5241(g) (2) (D), there is a civil penalty of $500 for the first offense and $1000 for the second and subsequent offenses. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| Yes |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| New York State Department of Labor State Campus Office Building 12 P.O. Box 621 Albany New York 12240 |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| N/A |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| Individual insurance carriers can be served interstate wage withholding (for periodic payments) or interstate liens (for lump sum payments). |
| G11. How does an obligor contest income withholding in your State? |
| Immediate income withholding: the agency shall have 30 days to correct an error after notification by the debtor. Default income withholding: debtor may raise a mistake of fact with the agency 15 days from notice of income execution whereupon the agency has 45 days thereafter to resolve the claim and to send notice to the debtor of the determination. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| In statute, Civil Practice Law and Rules Section 5241(h); the employer shall withhold the maximum amount permitted by law and pay to each creditor that proportion of such amount which such creditor's claim bears to the combined total. Child support deductions have priority over any other assignment, levy or process. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| No |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Employers should contact the issuing agencies. This is cogoverned by CPLR 5241.
For Additional Information - http://codes.lp.findlaw.com/nycode/CVP/52/5241 |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| No. Only Social Security Tax (FICA) and other child support paid. |
| G14. When does your state require the employer to send notice of an employee's termination? |
Not covered under statute.
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| Not covered under statute. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
| No |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Income withholding can be issued against any form of income including periodic or lump sums or benefits including unemployment and workers compensation and disability but excluding SSI and public assistance. (Section 5241 Civil Practice Law and Rules)
For Additional Information - http://codes.lp.findlaw.com/nycode/CVP/52/5241 |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Deductions to satisfy child support obligations (including arrears) has priority over withholding for health insurance premiums. (CPLR Section 5241 (h))
For Additional Information - http://codes.lp.findlaw.com/nycode/CVP/52/5241 |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| Yes |
| H1.1. If yes, please explain. |
| Depends on where the action for custody/visitation is filed. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95%
For Additional Information - No Link Provided |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 7/1/1993 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| No |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
| Acknowledgments did not exist prior to 7/1/93. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
| If married at or after time of birth. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| Yes |
| H6.1. If no, briefly explain. |
Effective 1/1/98, the father's name will not go on the birth certificate unless he first acknowledges paternity, or an Order of Filiation has been issued.
For Additional Information - No Link Provided |
| H7. Does your State have any other paternity-related presumptions? |
| No |
| H7.1. If yes, briefly explain. |
| For Additional Information - No Link Provided |
| H8. Does your State have a putative fathers' registry? |
| Yes |
| H8.1. If yes, what is the name of that entity? |
| Putative Father Registry mailing address PFR, OCFS/Adoption Riverview Center, 6th Floor 40 N Pearl Street Albany New York 12243 (518) 474-9406 |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
| None, although contact the State Bureau of Vital Statistics. |
| H10. Is common law marriage recognized in your State? |
| No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
N/A
For Additional Information - No Link Provided |
| H10.2. When did your current common law standard go into effect? |
| |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| N/A |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| Telephonic and other electronic testimony are available for certain cases. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
Family Court Act of the State of New York, FCA section 580-201. No special provisions.
For Additional Information - http://caselaw.lp.findlaw.com/nycodes/FCT580-201TXFCT0580-201.html |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| From the obligor, if he is found to be the father. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| An unmarried father's name can only appear on a birth certificate if he has signed a Voluntary Acknowledgment of Paternity form or there is a judgment, order or decree relating to parentage. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| 1/1/96. However, the signed & notarized Voluntary Acknowledgment of Paternity form is the legal proof of paternity, not the birth certificate. |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One packet for all children, with a separate Paternity Affidavit form per child. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Judicial process |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| |
| I1.2. Under what circumstances would the judicial process be used? |
| All |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
| For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
New spouse's income is considered only if the NCP and new spouse married in a "community property" jurisdiction and did not sign a contrary pre-nuptial agreement.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
10 factors including: financial resources of custodial and non-custodial parent and child, physical and emotional health of the child and child's special needs and aptitudes, standard of living child would have enjoyed if marriage or household had not dissolved, tax consequences to the parties, non-monetary contributions that the parents will make toward the care and well being of the child, educational needs of either parent, a determination that the gross income of one parent is substantially less than the other parent's income, extraordinary expenses incurred by the non-custodial parent in exercising visitation, and any other factors the court deems relevant.
For Additional Information - No Link Provided |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| A. Orders are effective from either the date the petition is filed or, in public assistance cases, the date public assistance was granted; support may also be ordered retroactive to the birth of a child in non-TANF cases at the court's discretion. |
| I4.2. What information or documentation does your State require to proceed? |
The same as if current supports were being requested.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| Current support must be requested in concert with the request for support for a prior period. We can collect prior support owed on an existing order without a concurrent request for current support, however. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity can be either administrative or judicial. Establishment & Modification are judicial actions. Enforcement is administrative (as well as judicial).
For Additional Information - No Link Provided |
| I6. What is your State's statutory authority for the administrative process? |
There is no statutory authority for an administrative process of establishing child support orders.
For Additional Information - No Link Provided
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
No
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
Yes
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| Yes |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| Yes, although a new court order (or possibly a modified version of the original order) will be necessary before we can enforce on behalf of the new custodial parent. |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Establishment, unless an actual dollar amount (including $0) was mentioned in the original order. |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
| Judicial |
| J2.1. What are the trigger criteria for filing a lien? |
Arrears greater than 4 months (not including amounts of any unpaid retroactive support ordered)
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| County Level |
| J2.3. Does your State charge a fee for filing a lien? |
| Yes |
| J2.4. If yes, please indicate the amount. |
| Minimal |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Administration, through joint venture with the New York State Department of Taxation & Finance. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| No notice required when case established. If the Iv-D agency or obligee has not served notice of intent to freeze/seize within one year prior to the account being frozen, notice must be given within four days of freezing account |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided
|
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| The IV-D agency that sent the Freeze & Seize notice. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| Simultaneous to the completion of the "freeze" action, notice is sent to the obligor, who has 20 days to object- if no objection is filed, the "seize" action can be completed. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| No minimum delinquency amount. Arrears must equal three full payments or on full month of current support. SSI, SS, TANF, alimony and child support accounts are exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$200 and four months delinquent.
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| One year or until debt is paid in full, whichever occurs first. |
| J5.3. 1. If yes, please provide the time frame. |
| One year or until debt is paid in full, whichever occurs first. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| Yes, $25.00. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| Financial Institution. |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
30 days
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| No such second contest is permitted. |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
Arrears already paid, money in account belongs to joint account holder.
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Administrative |
| J5.11. What are your State's penalties for incorrect seizures? |
| No set penalties, seizer is liable for damages caused by erroneous seizure |
| J5.12. Is the second challenge administrative, judicial or both? |
| N/A |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| 15 days from date of receipt. No unique requirements, Non-debtor must file action w/the court |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| None |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| No |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
| For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
For Additional Information - No Link Provided
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
30 days from the date of the seize notice.
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| No |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Lottery Intercept, Federal & State Tax Refund Offset Processes, Property Executions, Medical Support Executions, Insurance Intercept Match. |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Issuance of Money Judgments, Cash Undertakings, Criminal Prosecution. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Other states must register the lien with the county clerk's office in the county where the property resides; the New York child support unit does not get involved in the case.
For Additional Information - http://codes.lp.findlaw.com/nycode/SOS/3/6-A/111-u |
| J10. Which of our State's enforcement remedies are available without registration? |
| Starting June of 1999, all administrative enforcement remedies will be available without registration. |
| J11. Describe your State's registration and enforcement procedures. |
| Beginning in the summer of 1999, all requests for enforcement of foreign orders will be handled administratively using the Change of Payee process. Registrations will only occur under a very limited set of circumstances. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| None. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
Civil Practice Law and Rules Articles 53 and 54.
For Additional Information - http://codes.lp.findlaw.com/nycode/CVP/53 |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| Yes |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| For all banks, the Freeze & Seize should be sent directly to the bank in question. The only exception to this is M&T Bank, the only bank in New York that will not honor interstate FIDM liens. For that one bank a complete registration of your order will be required. |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Equifax, Trans Union, Experian, Innovis. |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative. |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Responding. |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| $1000 or two months delinquent, whichever comes first. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| COLA: Every two years. Judicial Modification: a substantial change in circumstances or the petitioner is unable to provide for the needs of the child and an increase is warranted based upon the child's best interests. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| COLA: on request of the CP or NCP in non-TANF cases; automatically in TANF cases. Judicial Modification: on request of the CP or NCP in non-TANF cases; on request of social services agency or the NCP in TANF cases. |
| K3. Briefly describe your State's modification procedure. |
| For administrative Review & Adjustment: a Cost of Living Adjustment (COLA) is used. For an official modification of the order, a judicial review is required. The specific change of circumstances must be detailed on the Uniform Support Petition. Said petition must be signed by the obligee/obligor in a non-TANF case, or by the social services agency in a TANF case. A certified copy of the order to be modified, and all previous orders, is required in order to conduct the judicial modification. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| Minimum 10% increase in CPI for the COLA process. No minimum % increase required for judicial modification. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| No |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| Yes |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| If exceptional circumstances exist. A substantial change in circumstances or the petitioner is unable to provide for the needs of the child and an increase is warranted based upon the child's best interests, if exceptional circumstances exist. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| Yes |
| K6.1. If so, what index does your State use? |
| Federal Consumer Price Index (CPI). |
| K7. How does your State credit SSA disability to current and past due support? |
| New York can intercept SSA benefits just like any other form of income, and apply it to a child support case. If the SSA pays money directly to a child, we do not consider that as a child support payment. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| No. Arrears will continue to accrue until the date of the filing of the termination petition. |
| K8.1. If yes, please explain the situation? |
| |
| K8.2. What is the statutory citation for your abatement law? |
Family Court Act Section 451
For Additional Information - http://codes.lp.findlaw.com/nycode/FCT/4/5/451 |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| A child support order must be terminated in order to stop arrears from accruing. A Uniform Support Petition is required to bring the case before the court, as well as supporting documentation explaining why the order should be terminated. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| New York State Department of Vital Records: (518) 474-3077 (rest of state), (212) 788-4499 (New York City). |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| For enforcement: Child Support Enforcement Transmittal #1, Registration Statement, certified copy of the order to be registered (with relevant modifications); arrears affidavit or calculation is recommended as well. For modification & enforcement: same as above, plus the Uniform Support Petition and General Testimony showing a substantial change in circumstances. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| N/A |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| L2. Does your State law require employers to report lump sum payments? |
| Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
Civil Practice Law and Rules (CPLR) §5241 provides the definition of Income, which includes lump sum.
For Additional Information - http://codes.lp.findlaw.com/nycode/CVP/52/5241 |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| There is no minimum threshold for reporting lump sum payments. The maximum threshold would be the current amount of the arrears owed. If the lump sum is for personal service, CCPA would apply (see below). Employers are asked to call the NYS Child Support Employer Helpline at 1-888-208-4485 to determine if there are arrears and to obtain the total current arrears amount if applicable. |
| L4. How are employers instructed to report a pending lump sum? |
| Employers are asked to call the NYS Child Support Employer Helpline at 1-888-208-4485 to obtain the total current arrears amount. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| Within two (2) business days. |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| In accordance with CPLR § 5241(g) which states that deductions from income must begin no later than the first pay period that occurs 14 days after the income withholding NOTICE is sent and it provides for payments to be remitted within seven business days of the date that the debtor is paid, the employer or income withholder must withhold and remit the payment. The SDU will disburse the money to the custodial parent when it is due. |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| Information is contained in the original Notice to Withhold Income for Child Support that is sent to the employer. |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Notice of Lien. |
| L9. What other documents does your State use to attach lump sum payments? |
| Property Execution (PEX) Process and associated documents. |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| Yes |
| L10.1 If yes, what are those limits? |
If the payments are for personal services, such as commissions, back pay, or severance pay, the CCPA limitations of 50%, 55%, 60%, or 65% apply. The employer/income withholder must withhold the amount of the support arrears up to the appropriate CCPA percentage. If the lump sum payment is not made for personal services, such as a bonus, dividend or interest payment, the employer/income withholder would withhold up to the full amount of the arrears.
For Additional Information - No Link Provided
|
| L10.2 If no, what percentage is the employer required to withhold? |
| N/A |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| If arrears are owed, you must withhold the amount of the support arrears up to the appropriate CCPA percentage. If you have questions about the amount of the arrears due at the time of the payment, contact the NYS Child Support Employer Helpline at 1-888-208-4485. |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| Yes |
| M2.1. If yes, provide the statutory citation |
Social Services Law section 340
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| N/A |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| Direct Match |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| There are no current fees. |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| N/A |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| Regular income execution (wage garnishment) form, regular lien form. |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
No
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| N/A |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
For insurance intercepts involving periodic payments, all cases are eligible. For insurance intercepts for lump sums, the standard lien requirements are in effect: 4 months worth of arrears.
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| Lump sums through liens - no. Periodic payments through income executions -CCPA limitations apply. |
| M3.1. Please provide the statutory citation. |
Per CCPA: 50% or 55% or 60% or 65%.
For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| Yes |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| The insurance match occurs monthly. |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
Child Support
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
Civil Practice Laws & Rules, CPLR 5241. Social Services Law, SSL 111-U.
For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| Yes |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| SSL 111-B, 111-S |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| Yes. |
|
