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New York State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
57 counties and 5 New York City boroughs
2. What is the name of your IV-D agency?
The Office of Temporary and Disability Assistance, Division of Child Support Services.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Establishment and modification of support orders are judicial. Paternity can be established either administratively or judicially. Enforcement of a support order is administrative as well as judicial. Administrative enforcement: Federal and state income tax refund offsets; passport denials; lottery prize intercepts; drivers license suspension; consumer credit reporting; property executions; liens on real and personal property; medical support executions; and workers compensation and unemployment insurance garnishments. Administrative enforcement in partnership with NYS DTF. Judicial enforcement: Violation proceedings may result in issuance of money judgments; required cash deposits for support; order of sequestration; professional, occupational, business, and recreational license suspension; participation in work activities or job training; and/or criminal prosecution, and when finding of willful violation, jail; participation in rehabilitative program; or probation.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes, NYS uses EDE, CSENET and QUICK.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Age of majority is 21. New York State Family Court Act, Section 413(1)(a)
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
21
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes, by agreement of the parties.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
In general, a child under 21 is emancipated if: the child is married; the child is in the military; the child is 18 years old and working full-time (summer or vacation jobs don't count); the child permanently leaves home and ended the relationship with both parents for no good reason (except if the child left home because of abuse by a parent or a similar reason). A modification petition will need to be filed to terminate child support prior to the child's age of emancipation.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
20 years from date of default in payment regardless of whether or not the past due support 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 August 7, 1987; 20 years for all defaults in payment which have been granted as a money judgment. New York State Civil Practice Law and Rules, Section 211(e)
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Up to age 21 unless paternity/parentage has been acknowledged by the father in writing or by furnishing support. New York State Family Court Act, Section 517
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, 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" based on income and number of children to support; a "supplementary shared income component" with respect to childcare, educational expenses, and unreimbursed health care expenses; and a provision for health insurance if determined available based on cost and access. New York State Family Court Act, Section 413
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes, 9%, but only on arrearages reduced to a money judgment by court. New York State Civil Practice Law and Rules, Section 5004
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Yes, 9%, but only on arrearages reduced to a money judgment by court or if the noncustodial parent executes an "Affidavit of Confession of Judgment" and a "Judgment by Confession" is signed by a County Attorney.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, State law requires that parents may be required in support orders to pay a proportionate share of unreimbursed medical expenses. New York State Family Court Act, Section 413
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
The order must be modified in court. This cannot be done administratively.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No, the order must be modified in court. This cannot be done administratively.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No, although either a new court order or a modification to the original court order will be necessary before enforcement can take place on behalf of the new custodial parent/obligee.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
No.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95% CPLR 4518(d)
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
New York State Family Court Act, Sections 418(a) and 532(a). New York State Family Court Act, Section 516-a; New York State Social Services Law, Section 111-k; New York State Public Health Law, Section 4135-b
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. If married at or after time of birth. New York State Family Court Act, Section 417; New York State Domestic Relations Law, Section 24.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
Yes. Effective January 1, 1998, the fathers name will not go on the birth certificate unless he first acknowledges paternity, or an Order of Filiation has been issued. New York State Public Health Law, Section 4135
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
No link available. The address is: Putative Father Registry, New York State Adoption Service, Office of Children and Family Services, Capital View Office Park, Room 323 North, 52 Washington Street, Rensselaer, NY, 12144
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
The IV-D agency may provide a copy of an Order of Filiation for no fee. A copy of an Acknowledgment of Paternity/Parentage (AOP) can be obtained from the New York City Department of Health and Mental Hygiene (for births that took place in any of the five boroughs of New York City) or the New York State Department of Health (for births that took place outside of NYC) . Copies of an AOP are available free of charge. To request a copy of an AOP for children born outside of New York City, send a letter by fax or mail to the New York State Department of Health (NYS DOH). Your letter must include the childs name, date of birth, city of birth, parents names, and an explanation as to why you need a copy, as well as the name and address to whom the copy should be mailed. 518-486-7525 (fax) NYS DOH Amendment Unit, 800 North Pearl St, Menands, NY 12204 To request a copy of an AOP for children born in any of the five boroughs of New York City, complete Form VR 171 Application for a Copy of an Acknowledgment of Parentage and place your request by mail to: Office of Vital Records, 125 Worth Street, Room 125 New York, NY 10013
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
No. The New York City Department of Health and Mental Hygiene and the New York State Department of Health shall make searches and issue certifications and certified copies of birth, death, and marriage records without charge to State or municipal departments for official purposes.
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9.1. Describe any circumstances under which these fees may be waived?
N/A
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
No.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
The initiating jurisdiction should send one intergovernmental packet, with a separate Declaration in Support of Establishing Parentage forms for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
All circumstances. New York State Family Court Act Section 413
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Custodial parent's income. New York State Family Court Act, Section 413.
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2.1. What documentation is required as proof/evidence of this information?
A Financial Disclosure Affidavit, a representative pay stub of income, a copy of most recently filed tax returns, proof of any other child support court orders.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
Criteria includes financial resources of custodial parent, noncustodial parent and child, physical and emotional health of the child and childs special needs and aptitudes, standard of living child would have enjoyed if marriage or household had not dissolved, tax consequences to the parties, nonmonetary contributions that the parents will make toward the care and wellbeing of the child, educational needs of either parent, a determination that the gross income of one parent is substantially less than the other parents income, extraordinary expenses incurred by the noncustodial parent in exercising visitation, and any other factors the court deems relevant.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, Orders are effective from either the date the petition is filed or, in public assistance cases, the date that eligibility for public assistance for the children was effective New York State Family Court Act, Section 440; support may also be ordered retroactive to the birth of a child in nonTANF cases at the courts discretion
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
The same documentation required to establish current support.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Orders are effective from either the date the petition is filed or, in public assistance cases, the date that eligibility for public assistance for the children was effective (New York State Family Court Act, Section 440); support may also be ordered retroactive to the birth of a child in nonTANF cases at the courts discretion.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No, although either a new court order or a modification to the original court order will be necessary before enforcement can take place on behalf of the new custodial parent.
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5.1. What about when public assistance is not being expended?
No, although either a new court order or a modification to the original court order will be necessary before enforcement can take place on behalf of the new custodial parent.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
An establishment action should be requested, unless an actual obligation amount, including a $0 obligation amount, was stated in the order that reserves support.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
Public assistance benefits paid pursuant to the New York State Social Services Law and federal supplemental security income. New York State Civil Practice Law and Rules(CPLR), Section 5241
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes. CPLR 5241(g)
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
Yes. 50% if the arrears are less than or equal to 12 weeks; and 55% if the arrears are greater than 12 weeks. 18 New York Codes, Rules and Regulations, Section 347.9.
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2.2. What are the withholding limits for non-employees?
50% if the arrears are less than or equal to 12 weeks; and 55% if the arrears are greater than 12 weeks. 18 New York Codes, Rules and Regulations, Section 347.9.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
None. New York State law (CPLR 5241) does not provide employers with the authority to withhold a fee.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
After the date of service.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
No later than the first pay period which occurs 14 days after service of the Income Withholding for Support notice. New York State Civil Practice Law and Rules, Section 5241
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6. When must an employer remit amounts withheld from an employee's pay?
No later than 7 business days from the date the debtor is paid. New York State Civil Practice Law and Rules, Section 5241
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7. What are your state's sanctions for employers for not implementing income withholding?
Petition Family Court for employer violation, seeking relief for remittance of amount that should have been withheld and civil penalties.
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7.1. What are the penalties 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 there is a civil penalty of $500 for the first offense and $1000 for the second and subsequent offenses. New York State Civil Practice Law and Rules, Section 5241
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
Yes. For unemployment insurance benefits, an Income Withholding for Support notice should be sent to: New York State Department of Labor, State Campus Office, Building 12, PO Box 621, Albany, New York, 12240; New York State Civil Practice Law and Rules, Section 5241
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
N/A
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes. Pursuant to CPLR 5241(a)(5), income payors include financial institutions. An income withholding order issued in another state may be sent to the obligors employer or income payor, Family Court Act, Article 5-B 580-501, against any form of income except public assistance benefits paid pursuant to the social service law and federal supplemental insurance income, CPLR 5241(a)(6) See Family Court Act, Article 5-B, 580-502 for more information about compliance with an income withholding order of another state.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
N/A
10. How does a noncustodial parent contest an income withholding in your state?
Immediate income withholding (for any child support or child and spousal support court order issued on or after November 1, 1990): the agency shall have 30 days to correct an error after notification by the debtor. Default income withholding (for any child support or child and spousal support court order issued before November 1, 1990): 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.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Pro rate the amount available for withholding across orders.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
The mandatory deductions are: Federal, State, and City/local income taxes, Social Security Tax, Medicare Tax, involuntary retirement or pension plans, and other child support paid.
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13. When does your state require the employer to send notice of an employee's termination?
The employer must notify the issuer promptly when the debtors employment terminates. New York State Civil Practice Law and Rules, Section 5241 I(ix)
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Deductions to satisfy current child support obligations has priority over withholding for health insurance premiums and then child support arrears. New York State Civil Practice Law and Rules, Section 5241(h)
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
Yes, in two phases. Effective October 1, 2008, phase I provided for an increase in the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family. Effective January 1, 2010, phase II continued the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family with one child, and increased 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.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
State arrears first; PRWORA distribution ordering rules.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Payments are applied using the account number provided with the remittance and the distribution hierarchy detailed in 18 NYCRR 347.13.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
See Response 4
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
New York State requires registration of orders in interstate cases. However, once an order is registered, New York State applies its automated processes to identify assets owned by delinquent noncustodial parent/obligors through automated data matches with financial institutions and other asset sources and seize such assets through levy or other appropriate processes.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
See Response 1
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
Support arrears greater than or equal to $1000 or two months delinquency, whichever occurs first.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Experian, TransUnion, Innovis and Equifax.
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
No. The actual balance on the child support account is reported to the credit bureau each month and continues to be reported until the child support account is closed. Updated information is sent to the credit bureaus showing no arrears owing without any action by the noncustodial parent.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. Support arrears are equal to or greater than 2 months obligation (not including amounts of any unpaid retroactive support ordered) and total at least $300.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
No.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. $150
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No.
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16. Is the financial institution attachment process in your state centralized and/or automated?
Centralized and automated.
17. What are the criteria to attach an account in a financial institution in your state?
Support arrears are equal to or greater than 2 months obligation (not including amounts of any unpaid retroactive support ordered) and total at least $300.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
Yes. The child support agency of another state may attach and seize assets held by financial institutions. New York State Social Services Law (SSL) Section 111-t.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
N/A.
20. Does your state's income withholding definition include amounts in financial institutions?
Yes, income payors as defined include financial institutions. New York State Civil Practice Law and Rules, Section 5241
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. The child support agency notified the noncustodial parent. Notice must be mailed to noncustodial parent/obligor within 4 days of notice to financial institution to freeze account. New York State Civil Practice Law and Rules, Section 5222.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
Immediately, but no later than 90 days from service. New York State Civil Practice Law and Rules, Section 5232
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes. Financial institutions instructed to freeze property upon notice for one year, or until the debt is satisfied or vacated, whichever occurs first. New York State Civil Practice Law and Rules, Section 5222
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
All of the noncustodial parents financial assets are eligible for attachment. This does not differ for joint accounts. New York Banking Law, Section 675, provides that each joint account owner is presumed the owner of one-half of the account. Party may challenge ownership by presenting competent evidence to court.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
Noncustodial parent/obligor may claim a mistake of fact (error in amount of child support arrears; mistaken identity; order of support does not exist; or order of support has been vacated), or that funds in account are exempt funds (SSI; public assistance; child support; or spousal/alimony).
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
Yes. New York State Civil Practice Law and Rules, Section 5230. Seizure notice directs financial institution to sell property levied upon which noncustodial parent/obligor (who is not deceased) has an interest.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
The accumulation of support arrears/past due support which is equal to or greater than the amount of current support due pursuant to an order of support for a period of four (4) months.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
When eligible, the driving privileges of the obligor will be suspended unless they contact the local social services district support collection unit and takes one of the following actions within forty-five days of the date of notification to avoid the suspension of driving privileges: Makes full payment of the support arrears past due support owed; or Makes a satisfactory payment arrangement for payment of the support arrears past due support owed and the current support obligation; or Submits a written challenge regarding the correctness of the determination that the obligors driving privileges should be suspended, providing documentation that: There is an error in the amount of the current support or support arrears/past due support, or the identity of the obligor; The order of support does not exist or has been terminated; The obligor is in receipt of public assistance or Supplemental Security Income (SSI); and or The annual income of the obligor falls below the self support reserve (135 percent of the poverty income guidelines amount for a single person as reported by the federal Department of Health and Human Services), or the amount their annual income remaining after paying the support obligation would fall below the self support reserve.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
Yes. For Additional Information - https://dmv.ny.gov/driver-license/conditional-and-restricted-licenses
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
The accumulation of support arrears/past due support which is equal to or greater than the amount of current support due pursuant to an order of support for a period of four (4) months. Any license, permit or registration with a board, department, authority or office of this state or one of its political subdivisions or instrumentalities to conduct a trade, business, profession or occupation.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
The court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with all summons, subpoenas and warrants relating to a paternity or child support proceeding. FCA 548-b The court may suspend, for up to one year, the suspension of the license, permit or registration if it has determined that the suspension would create an extreme hardship. FCA 458-b(c) A professional license may not be suspended if the noncustodial parent is in receipt of public assistance or supplemental security income, has an income that falls below the self-support reserve, or whose income would fall below the self support reserve after the payment of the current support obligation. FCA 458-b(d)
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
The accumulation of support arrears/past due support which is equal to or greater than the amount of current support due pursuant to an order of support for a period of four (4) months. Any recreational license issued by an agency may be suspended. The agency may also refuse to reissue or deny an application for such licenses.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
A recreational license may not be suspended if the noncustodial parent is in receipt of public assistance or supplemental security income, has an income that falls below the self-support reserve, or whose income would fall below the self-support reserve after the payment of the current support obligation. FCA 458-c(c)
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
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36. What are the criteria for initiating/filing a lien in your state?
Support arrears greater than or equal to 4 months (not including amounts of any unpaid retroactive support ordered). New York State Social Services Law, Section 111-u.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Administrative.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes. Administrative, jointly and by agreement, with the New York State Department of Taxation and Finance.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes, administrative.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes. New York State Lottery prize money that is greater than or equal to $600.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
State conducts review for cost of living adjustment (COLA) every 2 years (New York State Family Court Act, Section 413-a; Social Services Law, Section 111-n). Judicial modification may occur when a substantial change in circumstance occurs; or in some instances, when 3 years passes since order was entered, modified or adjusted, or with certain limits, when either party's gross income has changed by 15% or more since the order was entered, modified, or adjusted (New York State Family Court Act, Section 451).
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2. What is your state's modification procedure? Briefly describe.
For administrative review & adjustment: a COLA is used. A COLA review occurs at request of the custodial parent/obligee or noncustodial parent/obligor in non-TANF cases; automatically in TANF cases. For an official modification of the order, a judicial review is required. Judicial modification occur at request of the custodial parent/obligee or noncustodial parent/obligor in non-TANF cases; at request of social services agency or the NCP in TANF cases. The specific change of circumstances must be detailed on the petition. Said petition must be signed by the custodial parent/obligee or noncustodial parent/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.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
For COLA, sum of annual average changes of consumer price index for all urban consumers (CPI-U),as published annually by the U.S. Department of Labor, is 10% or greater. For judicial modification, a substantial change in circumstance occurs; or in some instances, 3 years passes since order was entered, modified or adjusted, or with certain limits, either party's gross income has changed by 15% or more since the order was entered, modified, or adjusted (New York State Family Court Act, Section 451).
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
See below
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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes.
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes.
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4.4. The cost of living has changed.
No.
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes.
4.6. There has been a substantial change in childcare expenses.
Yes.
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
For judicial modification, a substantial change in circumstance occurs; or in some instances, when 3 years passes since order was entered, modified or adjusted, or with certain limits, when either party's gross income has changed by 15% or more since the order was entered, modified, or adjusted (New York State Family Court Act, Section 451).
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
Yes. Sum of annual average changes of consumer price index for all urban consumers (CPI-U),as published annually by the U.S. Department of Labor, is 10% or greater. New York State Family Court Act, Section 413-a.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
No.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
New York State law does not include a definition of lump sum for child support purposes.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
Yes, New York State Civil Practice Law and Rules (CPLR) 5241, provides the definition of Income, which includes lump sum payments. Employers are instructed via the Income Withholding for Support notice to report lump sum payments due to the employee/obligor.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
New York State attaches employer/income withholder-issued lump sum payments through use of the Income Withholding Order/Notice for Support (IWO) and the associated information in Section VI. Additional Information for Employers/Income Withholders, as CPLR 5241(6) includes lump sum payments within the definition of income. Workers compensation benefits are also subject to income withholding pursuant to CPLR 5241. Liens are issued against personal injury claims.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
Yes. Costs recovered for legal services if such services are requested by custodial parent. New York has elected to recover costs through the standardized costs methodology if the cost is incurred by a DSS attorney, or actual costs if the service is procured through a cooperative agreement or a purchase of services agreement.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
The noncustodial parent.
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes. Paternity testing fees.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
See below.
3.1. Is it retained by the state from support collected?
Yes. New York State Social Services Law, Section 111-g
3.2. Is it paid by the individual applying for child support services?
Yes, effective 10/1/08 for custodial parents only.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Yes. Insurers report to a central reporting organization all claims filed for bodily injury, wrongful death and death benefits under any policy which provides coverage for personal injury liability (with some exceptions). The central reporting organization reports information to IV-D agency. New York State Insurance Law, Section 340
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
If the obligor meets the criteria for income withholding, then the obligor is eligible for enforcement against their workers' compensation claim. An obligor is eligible for the personal injury claims enforcement process against other claim types, including but not limited to, general liability, automobile, disability, homeowner's liability, and no fault claim types if they meet the criteria for the filing of a lien (support arrears equal to or greater than 4 months (not including amounts of any unpaid retroactive support ordered).). The claims are filed by the obligor, where the settlement or judicial or other resolution of those claims may result in a payout to the obligor.
3. What process does your state use to intercept insurance payments?
IWOs are issued against workers' compensation claims filed by delinquent obligors. Child Support Liens are issued against all personal injury claims filed by delinquent obligors (i.e., Notice of Intent to File a Lien, Notice of Lien)
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4. How does another state initiate and intercept collections from your states workers compensation agency?
Directly serve an Income Withholding for Support notice to the Workers Compensation insurance carrier. New York State Family Court Act, Section 580-501; New York State Civil Practice Law and Rules, Section 5241
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
No.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
No.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17). Yes. The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10). No.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
No.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
No.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes, annually, or as requested.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
Contact the New York State Family Court who issued the order of support. Refer to county contacts in the IRG. If the order of support was issued by a Supreme Court, submit Child Support Enforcement Transmittal #2 or #3 to the New York State Support Collection Unit who has the case. No cost.
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2. What are the procedures and associated costs for obtaining a certified payment record?
Submit Child Support Enforcement Transmittal #2 or #3 to the New York State Support Collection Unit who has the case and can certify the payment records. Refer to county contacts in the IRG. No cost.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
New York State Family Court Act, Article 5-B
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2. How does your state define the tribunal (See UIFSA 103)?
Tribunal is defined as a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. FCA Article 5-B, Part 1, 580-102(29)
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
One set, but for a Registration two copies of the order to be registered are required, including one certified copy.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
Not required - one-sided forms are preferred.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Mexico
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Papers are sent by mail initially, but if the party does not appear, the Support Collection Unit (SCU) will either 1) forward documents needing to be served to the sheriff or other public official, or 2) forward documents needing to be served to a private contractor, depending on how the SCU procured a service of process contractor.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Child care expenses; Attorney's fees; Cash medical support; Extraordinary expenses: Accident, life and health insurance benefits, education expenses, funeral expenses. Family Court Act 413(1)(c), 416
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
No. However, State law does not bar the use of mediation, conciliation, or similar consent processes to encourage amicable solutions between parents in order to promote voluntary payment of support.
6. What circumstances will cause your state to end child support before the normal duration?
The child emancipates before the normal duration; The child marries; The child is adopted by someone other than the non-custodial parent; The child support order states that child support ceases prior to the normal duration; The child enters into military service prior to the normal duration. A modification petition will need to be filed to terminate child support prior to the child's age of emancipation.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments are made by check.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority; All payments are processed upon receipt.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
No.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
Yes.