Creates a financially delinquent parents most wanted list

Summary of provisions

Section one of the bill amends the Social Services Law to add a new section 111-w. This section requires the Office of Temporary and Disability Assistance ("OTDA") to compile, disclose and publish at regular intervals a financially delinquent parents most wanted list. For purposes of the List, a financially delinquent parent is a person who is under an administrative or Court order to pay child support, has failed to fully comply with this obligation, and has arrears in excess of $10,000. The number of individuals included on the List shall be limited to 500.

The List shall be used for the purposes of locating the listed individuals. To assist with achieving this goal, the List will identify each individual by name and will include a physical description of the individual, his or her last known address, and photograph, if available. Prior to the inclusion on the List, the OTDA is required to attempt to notify the individual about the potential inclusion on the List and provide him or her with the opportunity to prevent inclusion by either paying the child support owed or enter into an agreement with the child support collection agency to make payments. An individual's information shall be removed from the list upon paying the balance of child support owed, making three consecutive payments as per an agreement with OTDA, or submission to OTDA of a certified copy of a Court or administrative order stating that the individual is not responsible for the payments.

The List will not be available for public access; access will be limited to employers and their agents who are at least 18 years old. Employers may access the List electronically via OTDA's website. Employers may also inspect the List at any local child support collection unit office.

Existing law

None.

Justification

The statistics show that as of the end of federal fiscal year, nationwide financially delinquent parents owed a total of $114.6 billion. The Office of Temporary and Disability Assistance estimates that New York non-custodial parents make up 5.4% of the nation's total outstanding payments, meaning New Yorkers owe almost $6.2 billion in outstanding child support payments.

Even though there are numerous tools available to enforce child support orders and collect arrears, many people are owed back child support. This bill would provide another tool for the collection of these arrears. Limiting List access to employers serves two purposes.First, it protects the affected children because the risk that a child will discover that his or her parent is on the List is low. Second, when a person assumes a different name or variation of his or her name, an employer may be able to identify an employee from his or her photograph on the List.

Lists similar to the List that OTDA would be required to create are already in use in this Country. As part of Project Save Our Children, the Office of Inspector General for the United States Department of Health & Human Services currently publishes a list of "Deadbeat Parents" that includes, among other things, the names, addresses, arrear amounts, birthdates, possible whereabouts and photographs. Additionally, similar information is published on the Internet by a company that, for a fee, will engage in activities to locate a person with child support arrears and collect the arrears.

Legislative history

S.4114 of 2013 - Passed Senate S.1987 of 2012 - Passed Senate

Fiscal implications

Minimal.

Effective date

Immediately.