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New York State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
57 counties and 5 New York City boroughs
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
New York State Social Services Law, Section 111-c(4)(b)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
New York State Family Court Act, Article 5-B
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Two copies, including one certified copy.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
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.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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.

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?
New York State Family Court Act, Section 413(1)(a)
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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 determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
By agreement between the parties.
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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No
D8.1 If not, how does this affect interstate referrals?
If another state opened a case before the child emancipated (under its law), upon referral for enforcement New York State will enforce the order, even if it is arrears only at the time of the referral and even if the dependent is above the issuing state's age of emancipation.

E. Statute of Limitations

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 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 8/7/87; 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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E2. What is your State's statute of limitations for paternity establishment?
Up to age 21 unless paternity has been acknowledged by the father in writing or by furnishing support. New York State Family Court Act, Section 517
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income 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 child care, 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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F2. Does your state charge interest on 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. New York State Civil Practice Law and Rules, Section 5004
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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.
N/A
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. New York State Civil Practice Law and Rules, Section 5004
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
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. New York State Family Court Act, Section 413
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 or fees charged to the obligee?
Costs recovered for legal services if such services are requested by custodial parent/obligee.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Costs recovered for legal services if such services are requested by noncustodial parent/obligor. Also, the courts may order the noncustodial parent/obligor to pay the custodial parent/obligee's 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 recovery of initiating state's fees.
Paternity testing fees
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
New York State Family Court Act, Article 5-B, Section 580-201
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Courts have authority to order spousal support on petition. Enforcement only with an active child support order; NY does not enforce spousal-only orders. New York State Family Court Act, Section 412
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, AT-11-07)
No, with one exception. 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.
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is recovered from support payments. New York State Social Services Law, Section 111-g
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes, effective 10/1/08 for custodial parents only.
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?
No
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/09 New York State Social Services Law, Sections 111-c, 158, and 348
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. 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. New York State Social Services Law, Sections 111-c and 131-a
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
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. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution ordering rules.
F17. What are your state's 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.
For Additional Information - No Link Provided
F17.1. What are your state's 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.
For Additional Information - No Link Provided
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.
For Additional Information - No Link Provided
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/obligee after $500+ is collected annually.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
No.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

G. Income Withholding

G1. What specific source of income is 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, Section 5241
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
None. There is no authority in state law for an employer to charge a fee.
For Additional Information - No Link Provided
G4. 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 Income Withholding for Support notice. New York State Civil Practice Law and Rules, Section 5241
G5. What is the date by which an employer must 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
G6. What are your state's procedures for sanctioning 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.
G7. 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, 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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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
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
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
An Income Withholding for Support notice should be sent to the address above.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Individual insurance carriers can be served an Income Withholding for Support notice (for periodic payments) or Notice of Lien (for lump sum payments).
G10. How does an obligor contest 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.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Pro rate the amount available for withholding across orders.
G11.1. 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?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
The employer may contact New York State Child Support Helpline at 1-888-208-4485.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes. Federal, State, and City/local income taxes, Social Security Tax, Medicare Tax, involuntary retirement or pension plans, and other child support paid.
G13. When does your state require the employer to send notice of an employee's termination?
The employer must notify the issuer promptly when the debtor's employment terminates. New York State Civil Practice Law and Rules, Section 5241 (c)(ix)
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
90 days after termination. New York State Civil Practice Law and Rules, Section 5241(g)
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes, ExpertPay
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, the Income Withholding for Support notice 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. New York State Civil Practice Law and Rules, Section 5241 (a)(5).
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G18. 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 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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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Deductions are applied in proportion to the amount due each creditor up to Consumer Credit Protection Act (CCPA) limits. New York State Civil Practice Law and Rules, Section 5241(h)
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
New York State Civil Practice Law and Rules, Section 5241(h)
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
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% New York State Family Court Act, Sections 418(a) and 532(a)
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
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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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
04/15/1993
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 4/15/93.
For Additional Information - No Link Provided
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. New York State Family Court Act, Section 417; New York State Domestic Relations Law, Section 24.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
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. New York State Public Health Law, Section 4135
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
01/01/1998
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Name and mailing address: 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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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
No. 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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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. 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
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
The court may permit testimony by telephone, audio-visual means, or other electronic means. New York Family Court Act, Sections 433(c) and 531-A.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
New York State Family Court Act, Section 580-201. No special provisions.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
From the noncustodial parent/obligor, if he is found to be the father.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment 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.
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, 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?
N/A
I1.2. Under what circumstances would a judicial process would be used?
All circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Custodial parent/obligee's income. New York State Family Court Act, Section 413.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
10 factors including: financial resources of custodial parent/obligee and noncustodial parent/obligor and financial resources of 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 noncustodial parent/obligor in exercising visitation, and any other factors the court deems relevant. New York State Family Court Act, Section 413(1)(f)
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
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 child(ren) was effective; support may also be ordered retroactive to the birth of a child in non-TANF cases at the court's discretion. New York State Family Court Act, Section 440
I4.2. What information or documentation does your State require to proceed?
The same documentation required to establish current support.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. 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 child(ren) was effective; support may also be ordered retroactive to the birth of a child in non-TANF cases at the court's discretion. New York State Family Court Act, Section 440
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity can be established either administratively or judicially. Establishment and modification of support orders are judicial. Enforcement of a support order is administrative as well as judicial.
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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.
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes, New York State Social Services Law, Section 111-p
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. 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.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
An establishment action should be requested, unless an actual obligation amount (including $0 obligation amount) was stated in the order that reserves support.
I12. 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 custodian obtain legal custody before a support order is modified or established?
No
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official; Forward documents needing to be served to a private contractor; Other: Papers are sent by mail initially (OTHER) 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.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses; Attorney's fees; Cash medical support; Extraordinary expenses: Accident, life and health insurance benefits, education expenses, funeral expenses.
I17. Please provide the relevant statutory or case law citation. **
Family Court Act 413(1)(c), 416
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
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.

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?
Administrative
J2.1. What are the trigger criteria for filing a lien?
Support arrears equal to or greater than 4 months (not including amounts of any unpaid retroactive support ordered). New York State Social Services Law, Section 111-u.
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J2.2. Where are your state liens filed?
Liens on real property are served to asset holder and filed with the county clerk of each county where the noncustodial parent/obligor owns property. After filing with the county clerk, a copy is sent to the noncustodial parent/obligor. New York State Social Services Law, Section 111-u and Lien Law, Section 65.
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
N/A
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Administrative, jointly and by agreement, with the New York State Department of Taxation and Finance.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an 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?
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
J4.2. 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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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
Upon a new financial institution lead, the child support agency sends the Freeze and Seize notices.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Notice is mailed to the noncustodial parent/obligor within 4 days of notice to financial institution to freeze account. Noncustodial parent/obligor has 15 days to challenge. If no challenge is filed or the challenge is denied, the notice to seize is issued. New York State Civil Practice Law and Rules, Sections 5222 and 5230
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action 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.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
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.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
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.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, 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 or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Noncustodial parent/obligor has 15 days to challenge freeze action.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
No second contest is permitted.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
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).
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 is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Noncustodial parent/obligor has 15 days from date of receipt of notice to file a challenge. No unique requirements. Non-debtor ownership may be addressed by noncustodial parent/obligor filing challenge or by child support program requesting a special court proceeding to obtain a turn over order. New York State Civil Practice Law and Rules, Sections 5222, 5225 and 5227
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and automated
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
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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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
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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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Immediately, but no later than 90 days from service. New York State Civil Practice Law and Rules, Section 5232
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative
J7. Describe any other administrative enforcement procedures your state may have.
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. Additionally, administrative enforcement in partnership with New York State Department of Taxation and Finance.
J8. Describe any other judicial enforcement procedures your state may have.
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. New York State Family Court Act, Section 454
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 directly with the county clerk's office in the county where the property resides. New York State Social Services Law, Section 111-t and Lien Law, Section 65
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J10. Which of your state's enforcement remedies are available without judicial actions?
After registration, remedies include Federal and state income tax refund offsets; passport denial; lottery prize intercept; drivers license suspension; consumer credit reporting; property execution; liens on real and personal property; medical support execution; and workers compensation and unemployment insurance garnishments. Additionally, administrative enforcement in partnership with New York State Department of Taxation and Finance.
J11. Describe your state's procedures for registering and enforcing another state's order.
New York State follows Uniform Interstate Family Support Act (UIFSA). New York State Family Court Act, Article 5B
J12. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
New York State Civil Practice Law and Rules, Articles 53 and 54
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Noncustodial parent/obligor owes support arrears.
J15. To which credit bureaus does your state report an obligor's child support information?
Equifax, TransUnion, Experian, Innovis
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
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.
J19. What documentation does your state require to proceed with an AEI request?
N/A
J20. What mandatory data elements does your state need to process AEI requests?
N/A
For Additional Information - No Link Provided
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
N/A
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
N/A. Note: If another state's IV-D agency issues a freeze and seize action and the New York State financial institution who received service does not comply, that state may telephone 1-888-208-4485 for assistance.
J25. What is the procedure 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.
J26. What is the procedure 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.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No cost for certified copy of payment record or order of support.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
When eligible, the driving privileges of the obligor will be suspended unless he or she contacts the local social services district support collection unit and takes one of the following actions within forty-five (45) 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 obligor's 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% of the poverty income guidelines amount for a single person as reported by the federal Department of Health and Human Services), or the amount of his or her annual income remaining after paying the support obligation would fall below the self-support reserve.
J29. What triggers a driver's license revocation?
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.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
The threshold arrears amount that serves as the basis to revoke or suspend a driver's license is the amount of current support due pursuant to an order of support for a period of four (4) months.
J30. Under what conditions may a noncustodial party restore the driver's license?
The Department of Motor Vehicles (DMV) will be notified that the revocation is to be rescinded if the NCP enters into a Satisfactory Payment Arrangement with the county support collection unit, successful challenges the suspension, or pays the support arrears/past due support in full.
J30.1 What is the process for restoring a driver's license?
The DMV will be notified that the NCP is in compliance and the request for revocation is to be rescinded.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
Refer to: https://dmv.ny.gov/driver-license/conditional-and-restricted-licenses
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
N/A
J33.2 What is the dollar amount?
N/A
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
No.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
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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K2. Briefly describe your state's modification procedure.
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.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
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).
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. 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).
K5. Does your state have cost of living adjustments (COLAs) for orders?
Yes
K5.1. If yes, what index does your state use?
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
K6. How does your state credit SSA disability to current and past-due support?
An Income Withholding for Support notice is issued against Social Security disability benefits. Collections received are distributed and disbursed pursuant to federal distribution requirements (current support, followed by support arrears).
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A.
K7.2. What is the statutory citation for your abatement law?
N/A.
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
State agencies seeking payment records because the custodial parent/obligee is seeking services in their state should submit Child Support Enforcement Transmittal #1 for redirection of payment to obligee state request, and in the "other" section, request certified copies of payment records or other documentation needed.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Contact registrar of birth records in county where birth took place, or New York City Department of Health and Mental Hygiene.
K8. What information does your state require 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); support 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
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
No. If payments received from an Income Withholding for Support notice, and no current support remains due, the amount collectible is 150% of most recent current obligation. Eligible support arrears are subject to all enforcement actions.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
If payments received from an Income Withholding for Support notice, and no current support remains due, the amount collectible is 150% of most recent current obligation. Eligible support arrears are subject to all enforcement actions.
K10. 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.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A
L1.2 Provide the statutory citation.
N/A
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L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
New York State Civil Practice Law and Rules, Section 5241, provides the definition of Income, which includes lump sum. Employers are instructed on the Income Withholding for Support notice to report lump sum payments due to the employee/obligor.
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L3. Are employers required to report lump sum payments 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 support arrears owed. If the lump sum is for personal service, the Consumer Credit Protection Act limitations on withholding for support would apply.
L4. How are employers instructed to report a pending lump sum?
Employers are required to report and withhold support arrears from lump sum payments (e.g., bonus, commissions, severance pay, dividends). If an employee is due to receive a lump sum payment, please email nysdulumpsum@otda.state.ny.us or call the Child Support Helpline at 1-888-208-4485 (TTY: 1-866-875-9975). Please include the following information in your email or have it ready when you call: your contact information: Name, company name, address, phone, fax, email, and Federal EIN; obligor's name and Social Security number; account number (New York Case Identifier, e.g., ZY12345X1, at the top of the first page of the IWO); county name (local district) for the account; net amount of lump sum payment; and expected payout date.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Within 2 business days.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Lien.
L8. What other documents does your state use to attach lump sum payments?
Property Executions for financial institution accounts.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Yes
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
If the payments are for personal services, such as commissions, back pay, or severance pay, the Consumer Credit Protection Act limitations (50%, 55%, 60%, or 65%) apply. The employer must withhold the amount of the support arrears up to the appropriate Consumer Credit Protection Act percentage from the lump sum. If the lump sum payment is not made for personal services, such as a bonus, dividend or interest payment, the employer would withhold up to the full amount of the support arrears from the lump sum.
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
The vendor is Conduent State & Local Solutions, Inc., who is also the vendor for the New York State Disbursement Unit.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
The vendor for debit card services is Bank of America, Merrill lynch, N.A.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No.
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
1. $0.50 for each successful withdrawal at a Bank of America or Allpoint automatic teller machine (ATM), after the first two (2) fee free withdrawals each month. 2. $0.50 plus a possible surcharge for each successful cash withdrawal at a non- Bank of America or Allpoint ATM. 3. No fees for balance inquiry at any ATM. 4. No fees for ATM denials. An ATM denial occurs when there are not available funds to cover the cash withdrawal request. 5. $0.50 for each ATM cash withdrawal conducted outside the USA (i.e., international ATM cash withdrawal). 6. $5.00 card replacement fee, after the first free replacement card each year. 7. $12.50 expedited card delivery.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location; Payments may be made by income withholding; Payments may be made by check; Payments may be made by credit card; Payments may be made in cash
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. 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
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
New York State Insurance Law, Section 340
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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
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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M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
There is no specified time period.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
If the obligor meets the criteria for income withholding, then the obligor is eligible for enforcement against his or her 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 he or she meets the criteria for the filing of a lien (refer to J.2.1). 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.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
The central reporting organization is tasked with reporting the data to the IV-D agency.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Insurers shall report within a reasonable period of time to a central reporting organization of its choosing. New York State Insurance Law Section 340(b)
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No.
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M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Insurance companies are required to respond to legal service, including administrative subpoenas served for information (New York State Social Services Law, Section 111-p); Notice of Liens served against personal injury insurance claims upon settling the claim (New York State Social Services Law, Section 111-u); and Income Withholding for Support notices served against Workers Compensation upon paying benefits and Section 32 settlements (New York State Civil Practice Law and Rules, Section 5241).
M3.1. Provide the statutory citation.
New York State Social Services Law, Sections 111-p and 111-u; New York State Civil Practice Law and Rules, Section 5241
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
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)
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The county child support enforcement agency is required to notify the NCP of the insurance intercept activity.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
New York State Social Services Law, Section 111-u
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
The noncustodial parent/obligor may assert a mistake of fact claim for administrative review within 35 days from the date a notice was mailed. New York State Social Services Law, Section 111-u; New York State Civil Practice Law and Rules, Section 5241
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M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state 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
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
No
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
No
N3. Does your state 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)
No
N4. Does your state 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)
Yes