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Consolidated Laws of New York
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Article 5A - Family Court
SPECIAL PROVISIONS RELATING TO ENFORCEMENT OF SUPPORT AND ESTABLISHMENT OF PATERNITY
||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
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
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
(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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