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F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
An hybrid model between a Shared Income Model and a Percentage of Income Model. The formula includes a "basic percentage of income component" and a "supplementary shared income component" with respect to supplemental costs such as child care, educational expenses, excess medical costs and rent, and a child from divorced or separated parents should receive the same proportion of parental income that he/she would have received if parents lived together.
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F2. Does your State charge interest on missed arrears? |
Yes
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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.
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F3. Does your State charge interest on retroactive support? |
No
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F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
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F4. Does your State charge interest on adjudicated arrears? |
Yes
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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.
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F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes
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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.
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F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
Yes
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F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
Costs recovered for legal representation and field investigations, if such services are requested by obligee.
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F6.2. What costs are recovered from/fees charged to the obligor? |
None, although the courts may order the obligor to pay the obligee attorney fees on a case-by-case basis.
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F7. Does your State recover costs on behalf of the initiating State? |
Yes
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F7.1. Optional comments regarding recovering of initiating State's fees. |
Blood testing fees.
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F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Act No. 180 of December 20, 1997, known as "Uniform Interstate Family Support Act", 8 L.P.R.A. (Laws of Puerto Rico Annotated) section 542.
For Additional Information - No Link Provided
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F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes
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F9.1. If yes, under what circumstances? |
For enforcement when included with a child support order.
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F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No
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F10.1. Optional comments regarding required information on spouse or partner. |
Non resident spouse's income information would be required if non resident remarried in a "community property" state.
Information on spouse's income would not be requested if couple signed a pre-nupcial agreement choosing a "separation of goods" regime. A certified copy of the pre nuptial agreement would be required.
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F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received
IV-A assistance? |
For 4/1/08 - 9/30/08, NYS will pay the fee. Effective 10/1/08, the custodial parent will be charged the fee.
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F11.1 Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
Yes
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F11.2 Does your State collect the fee from the individual applying for
IV-D services? |
Yes (effective 10/1/08)
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F11.3 Does your State collect the fee from the absent parent? |
No
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F11.4 Does your State pay the fee out of its own funds? |
Only from 4/1/08 - 9/30/08
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F12 When will your State implement the required DRA limited-assignment provision? |
October 1, 2009
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F13 Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
Yes, in two phases. Phase I provides for an increase in the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family. Phase II will continue the pass-through and disregard amounts to up to the first $100 of current support collected for a TANF family with one child, and will increase the pass-through and disregard amounts to up to the first $200 of current support collected for a TANF family with two or more children. Dates: October 1, 2008 (Phase I); January 1, 2010 (Phase II).
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F13.1 If yes, provide the date. |
01/01/2010
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F14 Will your State participate in the pass through in Former Assistance cases? |
No
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F14.1 If yes, provide the date. |
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F15 Will your State discontinue eligible assignments under the DRA of 2005? |
No
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F15.1 If yes, list the eligible assignments your State would discontinue. |
N/A
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F15.2 When will your State discontinue each type of assignment? |
N/A
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F16 Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
DRA distribution ordering rules.
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G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income executions for support enforcement (issued by child support units); income deduction orders for support enforcement (issued by the courts).
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G2. What specific source of income is not subject to withholding? |
Public assistance benefits paid pursuant to the social services law and federal supplemental security income.
For Additional Information - Click Here
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G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No
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G3.1. If yes, what are those limits? |
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G4. What is the allowable fee per pay period for processing income withholding payments? |
None.
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G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
No later than the first pay period which occurs 14 days after service of the execution.
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G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
No later than 10 days from the date the debtor is paid.
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G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Order to Show Cause, Family Court.
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G8. What is the penalty to an employer for failure to remit payments withheld? |
Employers are liable for failure to deduct amounts specified for accrued deductions, interest, and reasonable attorneys fees. Also, as per CPLR 5241(g)(2)(D), there is a civil penalty of $500 for the first offense and $1000 for the second and subsequent offenses.
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G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
Yes
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G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
New York State Department of Labor
State Campus Office Building 12
P.O. Box 621
Albany New York 12240
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G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
Yes
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G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Individual insurance carriers can be served interstate wage withholding (for periodic payments) or interstate liens (for lump sum payments).
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G11. How does an obligor contest income withholding in your State? |
Immediate income withholding: the agency shall have 30 days to correct an error after notification by the debtor. Default income withholding: debtor may raise a mistake of fact with the agency 15 days from notice of income execution whereupon the agency has 45 days thereafter to resolve the claim and to send notice to the debtor of the determination.
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G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
In statute, Civil Practice Law and Rules Section 5241(h); the employer shall withhold the maximum amount permitted by law and pay to each creditor that proportion of such amount which such creditor's claim bears to the combined total. Child support deductions have priority over any other assignment, levy or process.
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G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
No
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G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Employers should contact the issuing agencies.
For Additional Information - Click Here
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G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No. Only Social Security Tax (FICA) and other child support paid.
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G14. When does your state require the employer to send notice of an employee's termination? |
Not covered under statute.
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G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
Not covered under statute.
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G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No
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G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No
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G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Income withholding can be issued against any form of income including periodic or lump sums or benefits including unemployment and workers compensation and disability but excluding SSI and public assistance. (Section 5241 Civil Practice Law and Rules)
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G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Deductions to satisfy child support obligations (including arrears) has priority over withholding for health insurance premiums. (CPLR Section 5241 (h))
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H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes
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H1.1. If yes, please explain. |
Depends on where the action for custody/visitation is filed.
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H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95%
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H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
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H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
7/1/1993
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H4.1. Were acknowledgments prior to that effective date rebuttable? |
No
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H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Acknowledegements did not exist prior to 7/1/93.
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H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes
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H5.1. If yes, how is the presumption rebutted? |
If married at or after time of birth.
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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 that paternity is conclusively determined? |
Yes
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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.
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H7. Does your State have any other paternity-related presumptions? |
No
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H7.1. If yes, briefly explain. |
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H8. Does your State have a putative fathers' registry? |
Yes
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H8.1. If yes, what is the name of that entity? |
Putative Father Registry mailing address
PFR, OCFS/Adoption
Riverview Center, 6th Floor
40 N Pearl Street
Albany New York 12243
(518) 474-9406
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H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes
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H9.1. If yes, please describe any circumstances under which these fees may be waived. |
None, although contact the State Bureau of Vital Statistics.
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H10. Is common law marriage recognized in your State? |
No
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H10.1. If yes, briefly describe the standard that defines common law marriage. |
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H10.2. When did your current common law standard go into effect? |
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H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Telephonic and other electronic testimony are available for certain cases.
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H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
Act Number 180, of December 20, 1997, known as "Uniform Interstate Family Support Act", 8 L.P.R.A. (Laws of Puerto Rico Annotated), section 542.
For Additional Information - Click Here
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H13. Does your State recover genetic testing costs for other States? |
Yes
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H13.1. If so, please explain. |
From the obligor, if he is found to be the father.
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H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
An unmarried father's name can only appear on a birth certificate if he has signed a Voluntary Acknowledgment of Paternity form or there is a judgment, order or decree relating to parentage.
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H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
1/1/1998
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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.
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I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
Judicial process
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I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
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I1.2. Under what circumstances would the judicial process be used? |
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I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - No Link Provided
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I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
New spouse's income is considered only if the NCP and new spouse married in a "community property" jurisdiction and did not signed a contrary pre-nuptial agreement.
For Additional Information - No Link Provided
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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 and non-custodial parent and child, physical and emotional health of the child and child's special needs and aptitudes, standard of living child would have enjoyed if marriage or household had not dissolved, tax consequences to the parties, non-monetary contributions that the parents will make toward the care and well being of the child, educational needs of either parent, a determination that the gross income of one parent is substantially less than the other parent's income, extraordinary expenses incurred by the non-custodial parent in exercising visitation, and any other factors the court deems relevant.
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I4. Will your State establish support orders for prior periods? |
Yes
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I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
A. Orders are effective from either the date the petition is filed or, in public assistance cases, the date public assistance was granted; support may also be ordered retroactive to the birth of a child in non-TANF cases at the court's discretion.
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I4.2. What information or documentation does your State require to proceed? |
The same as if current support were being requested.
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I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No
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I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Current support must be requested in concert with the request for support for a prior period. We can collect prior support owed on an existing order without a concurrent request for current support, however.
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I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity can be either administrative or judicial. Establishment & Modification are judicial actions. Enforcement is administrative (as well as judicial).
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I6. What is your State's statutory authority for the administrative process? |
Act Number 5 of December 30th, 1998, as amended, 8 L.P.R.A. (Laws of Puerto Rico Annotated), sections 501 et seq., known as the "Administration for Child Support Enforcement Act" (A.S.U.M.E.).
For Additional Information - Click Here
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I7. Is there a local State law that allows an interstate administrative subpoena? |
No
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I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
Yes
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I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
Yes
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I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
Yes, although a new court order (or possibly a modified version fo the original order) will be necessary before we can enforce on behalf of the new custoadial parent.
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I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
Establishment, unless an actual dollar amount (including $0) was mentioned in the original order.
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J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative.
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J2. Is the lien process in your State judicial, administrative or both? |
Judicial
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J2.1. What are the trigger criteria for filing a lien? |
Arrears greater than 4 months (not including amounts of any unpaid retroactive support ordered)
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J2.2. Where are your State liens filed? |
County Level
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J2.3. Does your State charge a fee for filing a lien? |
Yes
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J2.4. If yes, please indicate the amount. |
Minimal
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J.3. Does your State enforce property seizure and sale? |
Yes
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J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Administration, through joint venture with the New York State Department of Taxation & Finance.
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J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative
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J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
No notice required when case established. If the Iv-D agency or obligee has not served notice of intent to freeze/seize within one year prior to the account being frozen, notice must be given within four days of freezing account
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J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No
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J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes
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J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
The IV-D agency that sent the Freeze & Seize notice.
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J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Simultaneous to the completion of the "freeze" action, notice is sent to the obligor, who has 20 days to object- if no objection is filed, the "seize" action can be completed.
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J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
No minimum delinquency amount. Arrears must equal three full payments or on full month of current support. SSI, SS, TANF, alimony and child support accounts are exempted.
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J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$200 and four months delinquent.
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J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
One year or until debt is paid in full, whichever occurs first.
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J5.3. 1. If yes, please provide the time frame. |
One year or until debt is paid in full, whichever occurs first.
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J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No
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J5.4.1. If yes, please provide the percentage. |
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J5.4.2 . Is the percentage different for joint accounts? |
No
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J5.4.3. If yes, please define.. |
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J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
Yes, $25.00.
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J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
Financial Institution.
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J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
30 days
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J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
No such second contest is permitted.
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J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Arrears already paid, money in account belongs to joint account holder.
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J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative
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J5.11. What are your State's penalties for incorrect seizures? |
No set penalties, seizer is liable for damages caused by erroneous seizure
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J5.12. Is the second challenge administrative, judicial or both? |
N/A
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J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
15 days from date of receipt. No unique requirements, Non-debtor must file action w/the court
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J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Automated
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J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None
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J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No
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J5.16.1. If yes, what is the amount? |
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J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No
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J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
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J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
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J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
30 days from the date of the seize notice.
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J5.19.1 . If yes, please define. |
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J6. Does your State withhold State funds or benefits? |
No
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J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
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J7. Please describe any other administrative enforcement procedures your State may have. |
Lottery Intercept, Federal & State Tax Refund Offset Processes, Property Executions, Medical Support Executions, Insurance Intercept Match.
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J8. Please describe any other judicial enforcement procedures your State may have. |
Issuance of Money Judgments, Cash Undertakings, Criminal Prosecution.
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J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Other states must register the lien with the county clerk's office in the county where the property resides; the New York child support unit does not get involved in the case.
For Additional Information - Click Here
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J10. Which of our State's enforcement remedies are available without registration? |
Starting June of 1999, all administrative enforcement remedies will be available without registration.
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J11. Describe your State's registration and enforcement procedures. |
Beginning in the summer of 1999, all requests for enforcement of foreign orders will be handled administratively using the Change of Payee process. Registrations will only occur under a very limited set of circumstances.
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J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None.
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J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes
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J13.1. If yes, please provide the statutory citation. |
Civil Practice Law and Rules Articles 53 and 54.
For Additional Information - Click Here
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J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
Yes.
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J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
For all banks, the Freeze & Seize should be sent directly to the bank in question. The only exception to this is M&T Bank, the only bank in New York that will not honor interstate FIDM liens. For that one bank a complete registration of your order will be required.
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J15. Does your State use credit bureau reporting as an enforcement method? |
Yes
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J16. Provide which credit bureaus your State report an obligor's child support information? |
Equifax, Trans Union, Experian, Innovis.
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J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative.
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J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
Responding.
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J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
$1000 or two months delinquent, whichever comes first.
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K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
COLA: Every two years.
Judicial Modification: a substantial change in circumstances or the petitioner is unable to provide for the needs of the child and an increase is warranted based upon the child's best interests.
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K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
COLA: on request of the CP or NCP in non-TANF cases; automatically in TANF cases.
Judicial Modification: on request of the CP or NCP in non-TANF cases; on request of social services agency or the NCP in TANF cases.
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K3. Briefly describe your State's modification procedure. |
For administrative Review & Adjustment: a Cost of Living Adjustment (COLA) is used. For an official modification of the order, a judicial review is required. The specific change of circumstances must be detailed on the Uniform Support Petition. Said petition must be signed by the obligee/obligor in a non-TANF case, or by the social services agency in a TANF case. A certified copy of the order to be modified, and all previous orders, is required in order to conduct the judicial modification.
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K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
Minimum 10% increase in CPI for the COLA process.
No minimum % increase required for judicial modification.
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K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes
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K5.2. The earnings of the obligee have substantially increased or decreased. |
No
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K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes
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K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
Yes
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K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes
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K5.6. There has been a substantial change in child care expenses. |
Yes
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K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
If exceptional circumstances exist. A substantial change in circumstances or the petitioner is unable to provide for the needs of the child and an increase is warranted based upon the child's best interests.If exceptional circumstances exist.
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K6. Does your State have cost of living adjustments (COLAs)? |
Yes
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K6.1. If so, what index does your State use? |
Federal Consumer Price Index (CPI).
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K7. How does your State credit SSA disability to current and past due support? |
New York can intercept SSA benefits just like any other form of income, and apply it to a child support case. If the SSA pays money directly to a child, we do not consider that as a child support payment.
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K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No
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K8.1. If yes, please explain the situation? |
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K8.2. What is the statutory citation for your abatement law? |
Family Court Act Section 451
For Additional Information - No Link Provided
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K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
A child support order must be terminated in order to stop arrears from accruing. A Uniform Support Petition is required to bring the case before the court, as well as supporting documentation explaining why the order should be terminated.
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K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
New York State Department of Vital Records: (518) 474-3077 (rest of state), (212) 788-4499 (New York City).
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K9. What information is required to register an out-of-State order for enforcement/modification? |
For enforcement: Child Support Enforcement Transmittal #1, Registration Statement, certified copy of the order to be registered (with relevant modifications); arrears affidavit or calculation is recommended as well. For modification & enforcement: same as above, plus the Uniform Support Petition and General Testimony showing a substantial change in circumstances.
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L1. Does your State define a lump sum payment? |
No
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L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
N/A
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L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided
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L2. Does your State law require employers to report lump sum payments? |
Yes
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L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
CPLR 5241
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L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
Yes
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L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
There is no minimum threshold amount.
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L4. How are employers instructed to report a pending lump sum? |
Since the employer must report "income", and since lump sum payments count as income, employers must therefore report lump sum payments in the same manner that they report regular wages.
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L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
As soon as the information is received from the employer.
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L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
The employer would release the lump sum to the child support agency within 30 days of the notification.
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L7. Does your State use the income withholding order to attach the lump sum payment? |
No
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L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
N/A
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L8. Does your State use the lien/levy process to attach the lump sum payment? |
Yes
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L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
Lien form.
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L9. What other documents does your State use to attach lump sum payments? |
Property executions.
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L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
Yes
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L10.1 If yes, what are those limits? |
Per CCPA: 50% or 55% or 60% or 65%.
For Additional Information - No Link Provided
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L10.2 If no, what percentage is the employer required to withhold? |
N/A
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L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No
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L11.1 If yes, would the employer only withhold for that period's obligation? |
N/A
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M1. Indicate whether your State has the following enforcement remedies available. The CCPA limits may apply to any insurance payments issued as an income loss replacement.
Additional information on the legislative authority is provided. |
For Additional Information - Click Here
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M1.1. Additional information on the CCPA. |
For Additional Information - Click Here
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M2. Does your State have legislation that requires insurance companies doing business in your State to participate in an Insurance Match program? |
Yes
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M2.1. If yes, provide the statutory citation |
Social Services Law section 340
For Additional Information - No Link Provided
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M2.2 If no, has your State proposed or introduced legislation? |
N/A
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M3. Does your State participate in an Insurance Match program? |
Yes
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M4. Does your State match directly with insurers or participate in a consortium for Insurance Match? |
Direct Match
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M5. If your State participates in an Insurance Match program, is there a fee involved? |
There are no current fees.
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M5.1. If yes, provide the fee amount. |
N/A
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M6. List the form(s) your State uses to intercept insurance settlements. |
Regular income execution (wage garnishment) form, regular lien form.
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M7. Does legislation in your State prohibit insurance intercept for specific claim types? |
No
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M7.1. If yes, list the claim types and provide the statutory citation. |
N/A
For Additional Information - No Link Provided
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M8. Provide the criteria that must be met for a NCP to be eligible for Insurance Match and/or intercept? |
For insurance intercepts involving periodic payments, all cases are eligible. For insurance intercepts for lump sums, the standard lien requirements are in effect: 4 months woth of arrears.
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M9. Is there a maximum dollar amount or percentage that can be collected through insurance intercept? |
Lump sums through liens - no.
Periodic payments through income executions -CCPA limitations apply.
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M9.1. If yes, please provide the dollar amount and/or percentage. |
Per CCPA: 50% or 55% or 60% or 65%.
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M10. Has your State established a time frame to conduct the match with insurers and/or Workers Compensation Agencies? |
Yes
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M10.1. If yes, what are the time frames? |
The insurance match occures monthly.
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M11. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
Child Support
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M12. Please provide your statutory citation for notifying an NCP of insurance intercept. |
Civil Practice Laws & Rules, CPLR 5241.
Social Services Law, SSL 111-U.
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M13. Does your State legislation allow Insurance Match with your Workers Compensation Agency? |
Yes
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M13.1. If yes, provide the statutory citation. |
SSL 111-B, 111-S
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M14. Does your State participate in an Insurance Match with your Workers Compensation Agency? |
Yes
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