Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
146 Judy Reichler SCU also may provide the necessary distance between the noncustodial parent and a family who is afraid of his violent or threatening behavior. If the noncustodial parent resists paying support to her, he may not be so resistant to making payments to the SCU. Payment of child support may then come to be seen like any other obligation — not money he advances when he’s feeling generous and retracts when things are a little tight or don’t go his way. If support payments are made payable through the SCU, enforcement of the order will be handled by the agency. Although some of the enforcement methods used by the agency are also available through the court (e.g. salary deduction), there are several methods of collection that are only available when the order is payable through the SCU (e.g. interception of tax refunds and lottery winnings). These methods may be particularly effective in collecting from persons who change jobs frequently or who are self employed. However, your client will have no control over the enforcement method used. Most of the enforcement methods are computer-generated and automatically triggered. This means that, even if your client knows that a particular method of enforcing an order will be likely to inspire violence from the payor (e.g., the suspension of a driving license), she cannot request that it not be used. She can, of course, terminate the SCU services, but she will have to return to court to request that the order be modified so the money can be payable directly to her. Some of the Services Provided by the SCU 9 Statewide Register of Child Support Orders All orders for child support — including orders entered by the Supreme Court — must be forwarded to the statewide register of child support orders in Albany. This makes it easier to determine which of several orders is valid and to track payments. Access to Private and Governmental Information The SCU has authority to obtain information from certain private and governmental agencies. The information includes such things as marriage and birth information from the Bureau of Vital Statistics, state and local income tax returns, and vehicle and registration information from the Department of Motor Vehicles. This cannot be obtained through the court. Data Matches with Financial Institutions The SCU can find out information about an obligor’s bank accounts through a direct matching program. This is not available through the court.
Victim Who Needs Child Support 147 Employment Information The SCU receives daily reports of new hires and can quickly track an obligor who changes jobs. This is not available through the court. Immediate Income Withholding Whenever a new or modified order for child support (or combined spousal and child support) is made on behalf of a person who has requested the services of the SCU, an income execution for support enforcement will immediately be issued against the wages or other income of the noncustodial parent — unless the court finds, and sets forth in writing, the reasons there is “good cause” not to require immediate income withholding. 10 “Good cause” for not directing the immediate issuance of an income execution for support enforcement is defined as “substantial harm to the debtor.” The absence of an arrearage or the mere issuance of an income execution cannot constitute good cause. The court can also issue an order11 requiring an employer or other income payor to make deductions from the noncustodial parent’s income and send it directly to your client. If this is the only enforcement method your client will need, it may not be necessary to have the order payable to the SCU. Automatic Cost-of-Living Reviews The SCU has conducted a review of all orders of support issued on behalf of persons in receipt of family assistance prior to September 15, 1989, to determine if they are eligible for a one-time cost-of-living adjustment. Anyone else who has an order made payable through the SCU may request a determination of eligibility for such an adjustment. In addition to the procedures for adjustment, either party may petition the court for a modification of the amount if circumstances have changed since the order was entered. Federal and State Income Tax Refund Interception If there are arrears, the SCU can intercept any federal or state income tax refunds due the non-custodial parent and direct it to your client (unless she is receiving public assistance, in which case the payment goes to the agency). This is not available through the court. Suspension of Professional and Driver’s Licenses Where a sufficient amount of arrears has accumulated, the SCU can take steps to suspend a non-custodial parent’s driver’s licence. The SCU can also suspend professional licenses (e.g. teachers, doctors, dentists, lawyers, real estate brokers), as well as sporting licenses (e.g. hunting and fishing) and business licenses (e.g. liquor). This is useful if the noncustodial parent works off the books or is
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146 Judy Reichler<br />
SCU also may provide the necessary distance between the noncustodial<br />
parent and a family who is afraid of his violent or threatening behavior. If the<br />
noncustodial parent resists paying support to her, he may not be so resistant to<br />
making payments to the SCU. Payment of child support may then come to be<br />
seen like any other obligation — not money he advances when he’s feeling<br />
generous and retracts when things are a little tight or don’t go his way.<br />
If support payments are made payable through the SCU, enforcement of the<br />
order will be handled by the agency. Although some of the enforcement<br />
methods used by the agency are also available through the court (e.g. salary<br />
deduction), there are several methods of collection that are only available when<br />
the order is payable through the SCU (e.g. interception of tax refunds and<br />
lottery winnings). These methods may be particularly effective in collecting<br />
from persons who change jobs frequently or who are self employed.<br />
However, your client will have no control over the enforcement method used.<br />
Most of the enforcement methods are computer-generated and automatically<br />
triggered. This means that, even if your client knows that a particular method of<br />
enforcing an order will be likely to inspire violence from the payor (e.g., the<br />
suspension of a driving license), she cannot request that it not be used. She can, of<br />
course, terminate the SCU services, but she will have to return to court to request<br />
that the order be modified so the money can be payable directly to her.<br />
Some of the Services Provided by the SCU 9<br />
Statewide Register of Child Support Orders<br />
All orders for child support — including orders entered by the Supreme<br />
<strong>Court</strong> — must be forwarded to the statewide register of child support orders in<br />
Albany. This makes it easier to determine which of several orders is valid and to<br />
track payments.<br />
Access to Private and Governmental Information<br />
The SCU has authority to obtain information from certain private and<br />
governmental agencies. The information includes such things as marriage and<br />
birth information from the Bureau of Vital Statistics, state and local income tax<br />
returns, and vehicle and registration information from the Department of Motor<br />
Vehicles. This cannot be obtained through the court.<br />
Data Matches with Financial Institutions<br />
The SCU can find out information about an obligor’s bank accounts through<br />
a direct matching program. This is not available through the court.