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Lawyers Manual - Unified Court System

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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.

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