N.Y. Comp. Codes R. & Regs. tit. 18 § 344.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 344.2 - Duties of the office

(a) For purposes of this Part, the office of temporary and disability assistance (office), through its State disbursement unit, is authorized to collect, record and disburse any support payments paid pursuant to any order of child support or combined child and spousal support issued on or after the first day of January, 1994 under the provisions of article 3-A or section 236 or 240 of the Domestic Relations Law, or article 4, 5, 5-A, or 5-B of the Family Court Act, for which a court has ordered such amounts to be paid pursuant to an income execution issued by the sheriff, the clerk of the court, or the attorney for the creditor pursuant to section 5241 of the Civil Practice Law and Rules or an income deduction order issued pursuant to section 5242 of the Civil Practice Law and Rules (income withholding order).

(b) The State disbursement unit will record, collect, and disburse support to the creditor within two business days of the State disbursement unit's receipt of a payment.

(c) The State disbursement unit will maintain records of its collection and disbursement of each support payment, and will furnish copies of such records to the court and/or parties to the order upon request.

(d) The State disbursement unit is responsible for the collection and disbursement of support payments only if:

(1) the State disbursement unit has received a copy of the income withholding order and such income withholding order pertains to either child support or combined child and spousal support obligations;

(2) the creditor has submitted to the State disbursement unit payment of the annual service fee, if any;

(3) the State disbursement unit's records show that it has collected support payments on behalf of the parties to the order; and

(4) the creditor has provided the State disbursement unit with any address changes.

(e) The State disbursement unit may collect from the creditor an annual service fee for its provision of services; such fee will not exceed the actual costs incurred by the office in the delivery of such services.

(f) The office may not furnish to the parties any additional services beyond the services described herein; however, a party seeking other services may apply for child support services pursuant to section 111-g of the Social Services Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 344.2

Amended New York State Register August 17, 2016/Volume XXXVIII, Issue 33, eff. 8/17/2016