N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.17 - Child support services available to individuals not otherwise eligible and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care
(a) All
child support services under this Part and Part 346 of this Title must be made
available to any individual not otherwise eligible upon receipt of either (1) a
signed application on a form prescribed by the Office and filed by such
individual with a child support enforcement unit or support collection unit, or
(2) an application made to a court, as set forth in section
346.2
of this Title, and to individuals who become ineligible for public assistance
and care or whose children are ineligible for foster care. Services are
available only for the purposes of locating parents, establishing parentage
and/or establishing, modifying or enforcing child support. Such services cannot
be provided in the absence of an application , as set forth in this subdivision.
Application for legal services, for which costs are recovered as indicated in
subdivision (d) of this section, is optional. Application forms for child
support services must be:
(1) readily
accessible to the public;
(2)
provided to an individual on the day the individual makes a request in person,
or sent to an individual no later than five working days after a written or
telephone request. The support collection unit must ensure all such application
forms are accompanied by information describing available services, the
individual's rights and responsibilities, fees, cost recovery and distribution
policies as provided in section
346.2(d)
of this Title; and
(3) accepted as
filed on the day received.
(b) Fees and cost recovery for child support
services are as follows:
(1) The application
fee for child support services for individuals applying pursuant to section
346.2
of this Title shall be $1, which shall be paid by the office .
(2) An annual service fee of $25 shall be
imposed for any individual receiving child support services who has never
received assistance pursuant to title IV-A of the Federal Social Security Act
if at least $500 of support has been collected in the Federal fiscal year on
the individual's child support case. Where a custodial parent has children with
different noncustodial parents. the order of support payable by each
noncustodial parent shall be a separate child support case for the purpose of
imposing an annual service fee. The annual service fee shall be deducted from
child support payments received on behalf of the individual receiving child
support services pursuant to section
347.13
of this Part. In international cases under section
111-g(3)(b) of the Social
Services Law which meet the criteria for imposition of the fee under this
paragraph. the annual service fee shall be imposed but may not be collected
from the country requesting services or from an individual living in another
country unless permitted by Federal law or regulation.
(3)
(i) For
legal services in subdivision (d) of this section, execution of a "right to
recovery agreement for legal services" shall be required and the social
services district shall recover either standardized costs for attorneys
provided by the social services district or actual costs of such services if
legal services are provided by contract attorneys.
(ii) If the applicant for legal services is
the support obligee, the applicant shall assign to the social services district
25 percent of the current support obligation pursuant to the order of support.
If there is no current support obligation pursuant to the order of support, the
applicant shall assign an amount equal to 25 percent of the former current
support obligation. If there never was a current support obligation pursuant to
the order of support, the applicant shall assign an amount equal to 25 percent
of the additional amount determined pursuant to section
347.9(e)
of this Part. The assigned amount for legal services shall be satisfied by
collections received by the support collection unit on behalf of the child (ren)
pursuant to section
347.13
of this Part until the total assigned costs for those legal services provided
are reimbursed.
(iii) If the
applicant for legal services is the support obligor, the applicant shall pay an
additional amount equal to 25 percent of the current support obligation
pursuant to the order of support. If there is no current support obligation
pursuant to the order of support, the applicant shall pay an additional amount
equal to 25 percent of the former current support obligation. If there never
was a current support obligation pursuant to the order of support, the
applicant shall pay an additional amount equal to 25 percent of the additional
amount determined pursuant to section
347.9(e)
of this Part. The amount to be paid for legal services shall be paid separately
to the support collection unit until the total costs for those legal services
provided are reimbursed.
(4) The attorney for the social services
district may seek recovery from the noncustodial parent of the assigned cost of
legal services, counsel fees, and expenses when authorized by law. Sums
recovered for the cost of legal services shall be credited against the amounts
due pursuant to the "right to recovery agreement for legal services."
(c) The child support services
available upon application or pursuant to subdivision (f) of this section
without a "right to recovery agreement for legal services" are:
(1) assistance in the location of
noncustodial parents, alleged parents, and intended parents, including the
processing of the name of the noncustodial parents, alleged parents, and
intended parents through the State Parent Locator Service and Federal Parent
Locator Service in accordance with section
347.7
of this Part;
(2) assistance in
establishing parentage and establishing and modifying child support obligations
including the preparation and filing of parentage, support and modification
petitions as required in accordance with sections
347.6
and
347.8
of this Part;
(3) collection,
distribution , and disbursement of child support payments accordance with
Federal and State law and section
347.13
of this Part;
(4) enforcement of
support obligations, through the use of all available administrative
enforcement remedies, as provided in Parts 346 and 347 of this Title, and if
necessary, judicial enforcement remedies, consistent with the provisions of
section
347.9
of this Part; and
(5) the review
and cost of living adjustment of orders of support .
(d)
(1) A
"right to recovery agreement for legal services" signed by the applicant shall
be required where legal services are requested.
(2)
(i) The
attorney for the social services district may appear in any court proceeding
brought by or on behalf of an applicant for legal services. The attorney
appearing on behalf of the social services district shall represent the
interests of the social services district and not the interests of any other
party. The interests of the social services district shall include, but not be
limited to: establishing parentage; establishing and modifying orders of
support in accordance with the Child Support Standards Act; and enforcing
orders of support.
(ii) The
appearance by the attorney for the social services district in any action or
the provision of services pursuant to title 6-A of the Social Services Law or
section 580-307 of the Family Court Act does not create an attorney-client
relationship between the social services district or its attorneys, and any
party. The social services district shall inform any applicant for child
support services in writing that providing such services, including legal
services provided by an attorney, does not create an attorney-client
relationship with the applicant .
(3) The social services district shall make
legal services available upon request and shall have sufficient attorneys to
provide these services provided, however, that nothing herein shall require the
social services district to provide services it determines to be without
substantial merit or contrary to law.
(e) The office and each social services
district's child support enforcement/support collection unit shall regularly
and frequently publicize the availability of child support services. This
information shall be made available through a variety of media services
including public service announcements. All publicity must include information
on any application fees which may be imposed for such support collection
services and a telephone number or postal address where additional information
about such services may be obtained.
(f) Whenever an individual under this Title
becomes ineligible for public assistance and care or the individual's child is
ineligible for foster care, the support collection unit shall:
(1) provide written notice to the individual,
within five business days of the support collection unit's receipt of
notification from the social services district that the individual is
ineligible for public assistance and care or the individual's child is
ineligible for foster care, that child support services will be continued
unless the support collection unit receives a request by the individual to
discontinue child support services. The notice must inform the individual of
the consequences of continuing to receive child support services, including
services that are available, and the related fee and cost recovery policies
pursuant to this section, and distribution policies pursuant to section
347.13
of this Part; and
(2) continue to
provide all appropriate child support services unless the individual requests
that child support services be discontinued. Such services shall be provided in
accordance with subdivision (c) of this section. However, the social services
district may not require an application for child support services unless such
services were discontinued at the individual's request in response to receiving
the notice provided pursuant to paragraph (1) of this subdivision and the
individual subsequently has requested child support services.
Notes
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