PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 347.10 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3), 111-a and 111-i
Subject:
Child support standards chart.
Purpose:
To reflect the revised poverty income guidelines amount, the revised self-support reserve and the updated child support standards chart.
Text of proposed rule:
See Appendix in this issue.
Text of proposed rule and any required statements and analyses may be obtained from:
Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243-0001, (518) 474-9779, email: Jeanine.
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Office of Temporary and Disability Assistance (OTDA) is proposing amendments to 18 NYCRR § 347.10 to reflect the revised poverty income guidelines as reported by the federal Department of Health and Human Services, the revised self-support reserve, and the updated child support standards chart which are used to calculate child support obligations. OTDA has determined that no person is likely to object to the adoption of the proposed rule as written.
The proposed amendments to 18 NYCRR § 347.10 are necessary to conform the regulation to the requirements of section 111-i(2) of the Social Services Law (SSL). Section 111-i(2)(a) of the SSL provides that OTDA shall publish annually in its regulations the revised self-support reserve to reflect the annual updating of the poverty income guidelines amount for a single person, and section 111-i(2)(b) of the SSL provides that OTDA shall publish in its regulations a child support standards chart to reflect the dollar amounts yielded through application of the child support percentage. Thus OTDA is required by State statute to update its regulatory provisions on an annual basis.
The updated financial information does not reflect discretion exercised by OTDA. The self-support reserve and the child support percentage are defined in the Domestic Relations Law, and the poverty income guidelines amount for a single person is reported by the federal Department of Health and Human Services. Thus the proposed amendments are not establishing new financial criteria. Instead they are setting forth existing requirements.
The proposed child support standards chart presently is being utilized by the local child support enforcement units to calculate child support obligations. Thus the proposed amendments will conform 18 NYCRR § 347.10 to reflect the actual practices of the local child support enforcement units in the State.
It is expected that no person will object to the proposed amendments contained in this consensus rule since the amendments are necessary to comply with the SSL, and the amendments reflect updated financial information which is being used to calculate child support obligations.
Job Impact Statement
A job impact statement has not been prepared for the proposed regulatory amendments. It is evident from the subject matter of the amendments that the jobs of the persons making the decisions required by the proposed amendments will not be affected in any real way. Thus the changes will not have any impact on jobs and employment opportunities in the State.
