26 N.Y.3d 879 (2015)

A recipient of public assistance must assign child support rights, and the assignment terminates upon a determination of ineligibility for public assistance, though the state may continue to collect arrears.

Summary

In Matter of Hawkins v. Berlin, the New York Court of Appeals addressed the interplay between public assistance, child support assignments, and the eligibility of a child for Supplemental Security Income (SSI). Crystal Hawkins received public assistance, and as a condition, assigned her rights to child support for her son, Michael. Michael later became eligible for SSI, which made him ineligible for public assistance and retroactively reimbursed the city for aid provided to Michael. Hawkins sought excess child support payments collected by the city, arguing that the city was not entitled to collect child support on Michael’s behalf from the time he became eligible for SSI. The court affirmed the lower court’s decision, holding that the assignment of support rights terminated upon the city’s determination of ineligibility, not the date SSI eligibility began, and that the city could continue to collect arrears. The court also found that the city had not collected child support arrears in excess of unreimbursed public assistance provided to the family.

Facts

Crystal Hawkins received public assistance from the New York City Department of Social Services (the City) starting in December 1989. In May 1990, her son, Michael, was added to her public assistance case. As a condition of receiving public assistance, Hawkins assigned her right to child support for Michael. In January 2007, Michael became eligible for Supplemental Security Income (SSI), which made him ineligible for public assistance. The City removed Michael from Hawkins’ case and canceled the assignment of support rights going forward but continued to collect child support arrears. The Social Security Administration (SSA) later reimbursed the City $1,232.50 for the public assistance benefits it paid on Michael’s behalf while his SSI application was pending. Hawkins requested a review to determine if she was owed any excess child support payments. The City and then the New York State Office of Temporary and Disability Assistance (the State) both determined no excess payments were owed.

Procedural History

Hawkins commenced a CPLR article 78 proceeding in Supreme Court, challenging the City and State’s determinations. Supreme Court denied the petition and dismissed the proceeding. The Appellate Division, First Department, affirmed, with a divided court. Hawkins appealed as of right to the Court of Appeals.

Issue(s)

1. Whether the assignment of current child support rights terminated when Michael became eligible for SSI and therefore ineligible for public assistance, or upon the City’s determination of ineligibility?

2. Whether Hawkins was entitled to child support arrears collected after 2007, given SSA reimbursement and subsequent benefits?

Holding

1. No, because the assignment terminated upon the City’s determination of ineligibility, not the date Michael became eligible for SSI.

2. No, because the City had not collected child support arrears in excess of the unreimbursed public assistance provided to the family.

Court’s Reasoning

The Court of Appeals relied on Social Services Law § 158 (5), which states that the assignment of current support rights terminates “upon a determination by the social services district that such person is no longer eligible for” assistance. The court reasoned that, although Michael’s SSI eligibility was retroactive, the city’s determination that he was ineligible for public assistance occurred in January 2007, when he began receiving SSI. Therefore, the court held that, the assignment of support rights terminated at that time. The court further noted that the city could continue to collect any unpaid support obligations that had accrued before January 2007. Furthermore, the court determined that the SSA reimbursement for Michael’s benefits was properly credited towards the total public assistance provided to Hawkins’ family. The court held that, even accounting for the reimbursement and the continued benefits paid after Michael’s exclusion, the city had not collected child support arrears exceeding the unreimbursed assistance.

Practical Implications

This case provides clear guidance on the timing of termination of child support assignments when public assistance recipients’ circumstances change, particularly regarding SSI eligibility. The ruling reinforces that termination hinges on the official determination by the social services district, not the date of a retroactive event such as SSI eligibility. Attorneys should advise clients of the importance of the official determination date when navigating the complex interplay of public assistance and child support. For practitioners in the area of family law and social services law, this case clarifies how to calculate excess child support payments in situations involving SSI and public assistance. This case serves as a caution for the State not to assume that child support assignments cease upon the occurrence of an event that may make a child ineligible for public assistance, but rather that the date of determination is pivotal. The case may also provide a framework for other cases involving reimbursement calculations and the scope of arrears collection.