Relates to establishing a deadbeats most wanted list and worldwide web page

Summary of specific provisions

The bill would amend Article 5 of the Social Services Law by adding a new Title 10-A to:

1. Allow the Commissioner of the Office of Children and Family Services to disclose a "Deadbeats Most Wanted List" of individuals who are in arrears in their child support obligations under a New York court order or administrative order. The list shall include only those individuals who are in arrears in an amount greater than five thousand dollars.

2. Require the Commissioner of Children and Family Services to provide written notice to the individual whose identifying information is to be included in the Deadbeat Most Wanted List at least ninety days before the disclosure of such information. The notice must include details of the amount of the arrearage and OCFS' intent to disclose the arrearage. If the arrearage is not paid sixty days after the notice was delivered to the individual or OCFS has been notified that delivery was refused, and the individual has not, since the mailing of the notice, entered into a written agreement with OCPS for payment of the arrearage, the Commissioner of OCFS may disclose the individual's arrearage on the website,

3. Requires the list to be made available for public inspection either through OCPS or by other means of publication, including the Internet.

4. Requires OCFS to create and maintain one or mare worldwide webpages containing information found on the Deadbeats Most Wanted List. infor- mation regarding each of the individuals on the list shall include the individual's name, a photograph if available, the amount of the child support arrearage, end any other information deemed appropriate by OCFS in its discretion. The individuals may be chosen by OCPS using criteria including, but not limited to, the amount of the arrearage, the effect of inclusion of an individual upon the likelihood of the individual's payment of an arrearage, the motivational effect that inclusion of an individual may have on the willingness of other individuals to pay their arrearages, or the need to locate a particular individual.

5. Allows the clerks of the family courts to provide information to counties and municipalities regarding individuals who are in arrears in the child support obligations and have been found in contempt of court as a result of the existence of that arrearage.

Justification

There are currently aver 500,000 non-custodial parents in New York State who have been found to be in arrears in their child support obligations. Many of these individuals have missed several or all of their child support payments, and the amount of their arrearage may total in the several thousands of dollars. These parents are required by law to provide financial support to their children, to ensure that their basic needs are met, and to enable their custodial parent to properly care for them. The New York State Division of Child Support Enforcement takes several steps, ranging from wage garnishment to suspension of drivers licenses and repossession of property, in order to collect past due child support payments from delinquent noncustodial parents across New York. Far too often individuals are able to "fall through the cracks" end evade the consequences of failure to honor their child support agreement. Greater measures must be taken to ensure that the children of these individuals no longer suffer neglect at the hands of their own parents.

In addition to bringing to light the names of the thousands of individ- uals who have more than five thousand dollars in child support arrear- age, a Deadbeats Most Wanted List, available to anyone with an internet connection, will serve as a deterrent to other non-custodial parents who may have small amounts of past-due child support payments to make, and as a beacon to citizens across our state who may provide assistance in locating those individuals who have avoided their obligations for too long.

Prior legislative history

None

Fiscal implications

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.