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Article 5A - Family Court

SPECIAL PROVISIONS RELATING TO ENFORCEMENT OF SUPPORT AND ESTABLISHMENT OF PATERNITY

Section Description
571 Enforcement of support and establishment of paternity.
  S 571. Enforcement of support and establishment of paternity.   1. Any
  inconsistent provision of this law or any other law notwithstanding,  in
  cases  where  a  social services official has accepted, on behalf of the
  state and a social services district, an assignment  of  support  rights
  from  a person applying for or receiving family assistance in accordance
  with the provisions of the social  services  law,  the  social  services
  official  or  an authorized representative of the state is authorized to
  bring a proceeding or  proceedings  in  the  family  court  pursuant  to
  article  four  of  this  act  to  enforce  such support rights and, when
  appropriate or necessary, to establish the paternity of a child pursuant
  to article five of this act.
    2. The  official  who  brings  such  a  proceeding  and  the  attorney
  representing  him  shall  be  deemed  to  represent the interests of all
  persons, officials and agencies having an interest  in  the  assignment.
  The  court  shall determine, in accordance with applicable provisions of
  law, whether such person is a necessary  party  to  the  proceeding  and
  whether  independent counsel need be appointed to represent any party to
  the assignment or any other person having an  interest  in  the  support
  right.
    3.  (a) Any support order made by the court in such a proceeding shall
  direct that payments be made directly to the support collection unit, as
  designated by the appropriate social services district, so long as there
  is in effect an assignment of support rights to such district.  Further,
  the  order  shall  provide  that  when  the  person  or family no longer
  receives public assistance, payments shall continue to be  made  to  the
  support collection unit, unless the person or family requests otherwise.
  When  the person or family is no longer receiving public assistance, the
  social services district shall notify the parties to the order that  the
  person  or  family  upon  request  to  the  social services official and
  without further  judicial  intervention  may  receive  support  payments
  directly.  If such a request is made, the person paying support shall be
  so notified and shall be informed that unless such person applies for an
  order pursuant to section four hundred forty of this act  within  thirty
  days, the person or family may receive such payments directly.
    (b)  The  entry  of  an  order of support under this section shall not
  preclude an assignor who is no longer receiving public  assistance  from
  instituting  a support proceeding and receiving a hearing de novo on the
  amount of support to which the assignor is entitled at that time.
    4. Any order for support made by the court in such a proceeding  shall
  specify  the  amount  of  support to be paid on behalf of the spouse, if
  any, and the amount to be paid on behalf of each child.
    5. In cases where a support agreement or compromise  is  entered  into
  between  a  social  services  official and the absent parent, the social
  services official may petition the court for approval of such  agreement
  or  compromise in accordance with the provisions of section four hundred
  twenty-five of this chapter, which provisions shall apply thereto.
    6. In cases where an order for support has been made by a family court
  and upon notification to the court that an assignment of support  rights
  has thereafter been made to the social services official responsible for
  furnishing  family  assistance, payments pursuant to such order shall be
  made to such official  until  he  or  she  notifies  the  court  of  the
  termination of the assignment.
    7.   Any  inconsistent  provision  of  the  law  notwithstanding,  the
  provision  of  this  section  shall  also  apply  to  cases  brought  in
  accordance  with title six-A of article three of the social services law
  involving persons who are not applicants for  or  recipients  of  family
  assistance.
    8.  Any  other  inconsistent  provision  of law notwithstanding, if an
  applicant for or recipient of  family  assistance  is  pregnant,  and  a
  proceeding  to establish paternity has been filed, and the allegation of
  paternity is denied by the respondent there  shall  be  a  stay  of  all
  paternity proceedings until sixty days after the birth of the child.
    9.  Any  order  of  support  made  pursuant  to  this section shall be
  effective  as  of  the  date  of  the  application  therefor,  and   any
  retroactive  amount of support shall be paid in one sum or periodic sums
  as the court shall direct, taking into account any amount  of  temporary
  support which has been paid.
    10.  (a)  When  a  person  has  applied  for  and  is receiving public
  assistance and care and an assignment of support rights has been made or
  has applied for and is  receiving  child  support  enforcement  services
  pursuant  to section one hundred eleven-g of the social services law, or
  is receiving such services in another state,  and  such  person  has  an
  existing order of support which does not direct that support payments be
  made to the support collection unit, the social services district shall,
  upon  notice  to  the parties and without further judicial intervention,
  direct that support payments be made directly to the appropriate support
  collection unit.
    (b) When  a child is in foster care,  in  this  state  or  in  another
  state,  and  where  there  is  an existing order for the support of such
  child which does not direct that support payments be made to the support
  collection unit, the social services district shall, upon notice to  the
  parties  and  without further judicial intervention, direct that support
  payments be made directly to the appropriate support collection unit.
    11. A support order of another state payable to a  support  collection
  unit as a result of a notice pursuant to this section or through a court
  order  shall  be  deemed  to  be an order on behalf of persons receiving
  services under title six-A of article three of the social  services  law
  and shall be enforceable in the same manner as such orders.

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