|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. Top of Page
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