Hawkins v. Berlin

Summary

The New York Appellate Division, First Department, affirmed dismissal of an Article 78 petition challenging the determination that the petitioner was not entitled to distribution of certain child support payments collected during her public assistance case. The court held that the statutory assignment of child support rights continued for support accruing during the period of safety net assistance and that the petitioner had not established excess support payments after accounting for unreimbursed assistance. The court also rejected the petitioner’s reliance on Social Services Law § 131-c and affirmed without costs.

Holdings

1. OTDA's determination that petitioner was not entitled to distribution of additional child-support payments was rational and correct, and was not arbitrary and capricious.
2. The assignment of child-support rights under Social Services Law § 158 was suspended only with respect to current support; it was not suspended for child support due or collected on behalf of Michael during the relevant period.
3. Social Services Law § 131-c(1) did not limit or invalidate the assignment of petitioner's child-support rights.
4. Petitioner was not entitled to child-support arrears that HRA had not yet collected.

Questions Presented

1. Whether OTDA's confirmation of HRA's desk-review determination was arbitrary and capricious.
2. Whether Social Services Law § 158 required suspension or termination of the assignment of petitioner's child-support rights for support due or collected on behalf of Michael during the period when he was not included in the public-assistance household or when his needs were excluded from the assistance budget because he received SSI.
3. Whether Social Services Law § 131-c(1) invalidated or limited the assignment of petitioner's child-support rights.

Disposition

affirmed