Statutes
and Rules Relating to Child Support
(Note: summaries are specific to child support and
do not necessarily reflect the entire scope of the statute or rule).
CPLR:
CPLR 211 - Statute of limitations for
child support enforcement is 20 years.
CPLR
213 - Statute of limitations, general, six years
CPLR
2301 - Child support subpoenas
CPLR
2302 - Issuance of child support subpoenas
CPLR 2303 - Simplified service of child
support subpoenas on
utilities
CPLR
2304 - Quashing child support subpoenas
CPLR
2308 - Disobedience of child support subpoenas
CPLR
4518 - Business records: DNA tests,
support records,
pregnancy and childbirth costs
CPLR
5101 - Enforcement of money judgments and orders
CPLR
5205 - Support obligations not subject to debtor's
exemptions
CPLR
5222 - Restraining notices issued by support collection
unit (SCU); service by regular mail
CPLR
5230 - Executions issued by SCU
CPLR
5232 - Levies by SCU
CPLR
5234 - "[E]xecutions for child support shall
have priority
over any other assignment, levy or
process."
CPLR
5241 - Income execution for support enforcement.
CPLR
5242 - Income deduction order for support enforcement.
CPLR
5252 - Prohibition of retaliatory discharge for income
executions, etc.
Domestic Relations Law:
DRL §236B - Maintenance, support, etc. (broad provision)
DRL
§240 - Child support in divorce cases
DRL §
240-b - Order
of support by parent
DRL
§240-c - Review
and cost of living adjustment of child
support orders
DRL
§241 - Interference with visitation not a ground for
enforcement of child
support
DRL
§244-b - Suspension
of driving privileges.
DRL
§244-c - Suspensions
of state professional, occupational
and business licenses.
DRL
§244-d - Suspension
of recreational license.
Family
Court Act:
FCA
§115 - Jurisdiction
FCA
§153 - Jurisdiction/child support subpoenas
FCA
§154 - Process; long
arm jurisdiction
Fam Ct
Act Art. 4 - Support
Art. 5
- Paternity
Art.
5-A - Special Provisions Relating To
Enforcement Of
Support And Establishment
Of Paternity
Art.
5-B - Uniform Interstate Family Support Act
(UIFSA)
Social
Services Law:
SSL
Title 6-A -
Establishment Of Paternity And Enforcement
Of Support
SSL
Title 6-B - Services
For Enforcement Of Support Provided
By The Department Of Social Services
SSL
§23 - Use of state wage reporting system for
child support
enforcement
SSL
§111 - Gathering information for UIFSA;
locating deserting
parents
SSL
§131 - Public assistance
SSL
§143 - Employers to disclose information
SSL
§153 - (Public assistance provisions)
SSL
§366 - (Medicaid provisions)
Provisions
for suspension or denials of licenses:
Alco. Bev. Cont. L. §119 - ABC licenses
Educ. L. §§6509-b and 6509-c - Professional
licenses
GOL
§3-503 - Applicants for licenses and renewals
Ins.
L. §320 - Disclosure by insurance companies and
pension
funds
Jud. L.
§90 - Attorneys
RPL
§§440-a, 441 & 441-c - Real estate brokers/salesmen
VTL
§§502, 510 & 511 - Driver's licenses
VTL
§530 - Restricted use driver's license
See
also DRL §§ 244-b, 244-c and 244-d, supra.
Other
statutes pertaining to child support:
VTL
§2105-a - Liens
on motor vehicles for failure to make child support payments
Banking
L. §4 - Disclosure by banks
EPTL
§4-1.2 - Inheritance by children born out of wedlock
Lab.
L. §537 - Disclosure (unemployment insurance provisions)
Lab.
L. §596 - Withholding of unemployment benefits for
child support
Lien
L. §65 - Liens for child support on real property
Lien
L. §211 - Liens for child support on motor vehicles and
other personal property
Pub.
Health L. §§4135, 4135-b and 4138 - birth certificates,
etc.
Tax L.
§171-a - (State wage reporting system, etc.)
Tax L.
§171-c - Tax refunds, application to child support
Tax L.
§§171-g, 697 - Disclosure of tax return information for
child support
enforcement
Tax L.
§171-h - Disclosure of newly hired state employees who
owe child support
Tax L.
§1613 - Withholding of lottery proceeds for child support
Statement
of Legislative Intent
The legislature hereby finds and
declares:
It is essential that New York state's child support enforcement program meet the needs of
children, including providing for the timely and efficient establishment of
paternity and child support orders and the collection of child support
payments.
It is also essential that New York state meet the child support requirements contained in the
federal Personal Responsibility and Work Opportunity Reconciliation Act.
In recognition of these goals, we
hereby enact a number of measures to strengthen New York state's child support
system, including establishing a cost of living adjustment process to ensure
that child support order amounts keep pace with inflation. In addition, we have
determined that state and local child support agencies should have additional
enforcement remedies and improved paternity establishment measures. Finally, we
fulfill federal requirements by adopting several initiatives, including the
Uniform Interstate Family Support Act, establishing a computerized state case
registry and making improvements to New York state's
new hire reporting program. These changes and others contained in this
legislation are intended to help families by ensuring that New York state's children receive the child support that they
deserve.
L.
1997, ch. 398, §1.
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Last updated January 12, 2006