Creates a list of parents with child support arrears

Summary of provisions

Section 1 of this 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 list of parents with child support arrears in excess of 10,000 dollars.

Subdivision 1 of new section 111-w of the Social Services Law provides definitions for the section.

Subdivision 2 of new section 111-w of the Social Services Law provides that the office shall compile, disclose and publish a list of parents with child support arrears on a quarterly basis at regular intervals. Individuals on this list would be those who are in arrears of child support obligations under a court or administrative order in excess of $10,000, unless the Commissioner establishes a different amount. The list shall provide identifying information including the name and last known address of the individual, a physical description of the individual, a photograph if available, the individual's occupation, the amount of any child support arrearage, the number of children for whom support is owed, and any other appropriate information identified by OTDA.

Subdivision 3 of new section 111-w of the Social Services Law provides that the list shall be available by OTDA through its website, but access will be limited to employers subject to tax withholding requirements, and the employee in charge of administering payroll for the employer. The list will also be available for inspection at each OTDA facility Before such access is granted to the employer, the employer must furnish proof of identity and proof that the person who is in arrears is currently employed by the employer Before such access is granted to the employee in charge of administering payroll for the employer, that employee must also furnish an authorization from the employer, proof of identity, and proof that the person who is in arrears is currently employed by the employer.

Subdivision 4 of new section 111-w of the Social Services Law provides that the purpose of the list is to locate delinquent individuals an assist with the enforcement of support payment orders.

Subdivision 5 of new section 111-w of the Social Services Law provides that OTDA must make an effort to notify the individual who will be

posted on the list 90 days prior to the individual's inclusion on the list. This can be done by certified mail addressed to the individual's last known home address, and the notice will detail the amount owed and OTDA's intent to disclose the arrearage to the authorized employer and to the employee in charge of administering payroll for the employer. If the arrearage is not paid in full within 90 days of notification or there is notification that delivery was otherwise unsuccessful, and the individual has not otherwise entered into an agreement to pay the arrearage with OTDA, the office shall disclose the individual's arrearage on the list.

Subdivision 6 of new section 111-w of the Social Services Law provides when the individual may not be included on the list. This includes that there's a written agreement for payment between the individual and OTDA, or the arrearage is the subject of an administrative hearing, administrative review, or judicial review. If an individual fails to comply in full with an agreement to pay, then they can be placed on the list again without having to be notified.

Subdivision 7 of new section 111-w of the Social Services Law provides for when an individual's information may be removed from the list. It can be removed after full payment of the arrearage, payment of 3 consecutive payments made under a written agreement between the individual and OTDA, or submission to OTDA of a certified copy of a court or administrative order directing that the individual is not responsible for the payments of the arrearage. The individual's information will be removed from the list no later than 10 business days after receiving this information.

Subdivision 8 of new section 111-w of the Social Services Law provides that a disclosure made by OTDA in a good faith effort to comply with this section will not be considered a violation of any confidentiality laws.

Subdivision 9 of new section 111-w of Social Services Law provides that the commissioner of OTDA may promulgate necessary rules and regulations in order to effectuate this section.

Section 2 of this bill amends section 111-v of the Social Services Law to add a new subdivision 6 that provides that disclosure or publication of information on this list and on the website shall not be construed as a violation of confidentiality.

Section 3 of this bill provides that this act shall take effect immediately.

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.

A few states have already enacted legislation that enables similar lists to be posted on the appropriate state agency website dealing with child support collection. These lists have less protection than proposed in this bill because all the information is publicly available and searchable on those agency websites. Some states that have enacted statewide lists are Washington, Indiana, Oklahoma, Georgia, Arizona, Louisiana, Illinois and Delaware. Other states allow counties to individually post such lists.

This legislation creates another important tool to track down parents delinquent on excessive child support payments, and provides greater protections for those delinquent parents than other states.

Legislative history

2014: S.4114-A - Referred to Social Services 2013: S.4114 - Referred to Social Services 2012: S.1987 - Passed the Senate 2011: S.1987 - Referred to Social Services 2010: S.7173 - Referred to Social Services

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately.