Diotte v. Blum

• Decision Date: 02 April 1984
• Docket Number: No. 82-CV-486.,82-CV-486.
• Citation: Diotte v. Blum, 585 F.Supp. 887 (N.D. N.Y. 1984)
• Parties: Charles F. DIOTTE, Individually and on behalf of all others similarly situated, Plaintiff, v. Barbara BLUM, Individually and as Commissioner of the New York State Department of Social Services; Lillian Roberts, Individually and as Industrial Commissioner of the State of New York; John J. Fahey, Individually and as Commissioner of the Albany County Department of Social Services, Defendants.
• Court: U.S. District Court — Northern District of New York

585 F. Supp. 887

Charles F. DIOTTE, Individually and on behalf of all others similarly situated, Plaintiff, v. Barbara BLUM, Individually and as Commissioner of the New York State Department of Social Services; Lillian Roberts, Individually and as Industrial Commissioner of the State of New York; John J. Fahey, Individually and as Commissioner of the Albany County Department of Social Services, Defendants.

No. 82-CV-486.

United States District Court, N.D. New York.

April 2, 1984.

COPYRIGHT MATERIAL OMITTED

Legal Aid Society of Northeastern New York, Inc., Albany, N.Y., for plaintiff; Joel F. Spitzer, Michael Foster, Wendy Wahlberg, Albany, N.Y., of counsel.

Philip R. Murray, Albany County Department of Social Services, Legal Division, Albany, N.Y., for defendant Fahey; Alan P. Joseph, Albany, N.Y., of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., for State defendants; Robert B. Keyes, Asst. Atty. Gen., Albany, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action arises out of a challenge to § 49-b of the New York Personal Property Law which allows for "income deduction" from an individual's state unemployment insurance benefits for purposes of child support payments. The complaint is brought pursuant to 42 U.S.C. § 1983 and alleges that the New York statute deprived plaintiff of his due process and equal protection rights under the United States Constitution. Additionally, the complaint alleges that the New York scheme conflicts with section 454(19) of the Social Security Act, 42 U.S.C. § 654(19), and § 48-b of the New York Personal Property Law. Jurisdiction is predicated upon 28 U.S.C. § 1343, as well as upon principles of pendent jurisdiction. Before this Court is plaintiff's motion for partial summary judgment, Fed.R.Civ.P. 56(a), as well as the state defendants' motion for summary judgment, Fed.R.Civ.P. 56(b).

II

A. Statutory framework

A proper understanding of the instant challenge requires at the very least a brief survey of the labyrinth of federal and state statutory provisions which serve as its predicate. The starting point for purposes of these motions is the federal public assistance program of Aid to Families with Dependent Children ("AFDC"), 42 U.S.C. §§ 601-615, which requires that any applicant for or recipient of such aid assign the state his or her right to receive any support payments from any other person in accordance with the state's federally approved child support enforcement program. 42 U.S.C. § 602(26). The federal child support enforcement program, 42 U.S.C. §§ 651-665, sets forth the extensive requirements any such state program must meet. See 42 U.S.C. § 654. Of particular relevance here is 42 U.S.C. § 654(19), which mandates that a state plan for child and spousal support

provide that the agency administering the plan—

(A) shall determine on a periodic basis, from information supplied pursuant to section 508 of the Unemployment Compensation Amendments of 1976, whether any individuals receiving compensation under the State's unemployment compensation law (including amounts payable pursuant to any agreement under any Federal unemployment compensation law) owe child support obligations which are being enforced by such agency, and

(B) shall enforce any such child support obligations which are owed by such an individual but are not being met—

(i) through an agreement with such individual to have specified amounts withheld from compensation otherwise payable to such individual and by submitting a copy of any such agreement to the State agency administering the unemployment compensation law, or

(ii) in the absence of such an agreement, by bringing legal process (as defined in section 662(e) of this title) to require the withholding of amounts from such compensation.

Pursuant to and in accordance with these federal requirements, New York State has adopted its own child support enforcement program. Section 349-b of the New York Social Services Law mandates, as a condition of eligibility for public assistance under the State's Aid to Dependent Children program, N.Y.Soc.Serv.Law §§ 343-362 (McKinney 1983), an assignment of support rights to both the state and an appropriate social services district.

The organizational and procedural functions of the local social services districts in the enforcement program are set forth in N.Y.Soc.Serv.Law §§ 111-a to 111-j (McKinney 1983). Of particular importance here is § 111-h providing for Support Collection Units ("SCUs"):

1. Each social services district shall establish a support collection unit in accordance with regulations of the department to collect, account for and disburse funds paid pursuant to any order of support issued under article four, five, or five-A of the family court act.

2. The support collection unit shall inform the petitioner and respondent of any case in which a required payment has not been made within two weeks after it was due and shall assist in securing voluntary compliance with such orders or in preparation and submission of a petition for a violation of a support order.

. . . .

Of equal importance is § 111-j which provides, in relevant part:

1. (a) The department shall determine on a periodic basis whether any individual receiving unemployment insurance benefits pursuant to article eighteen of the state's labor law owes child support obligations which are being enforced by the department or the child support enforcement unit of a social services district and shall enforce any child support obligations which are owed by such individual but are not being met through an agreement with such individual to have specific amounts withheld from such benefits otherwise payable to such individual and by submitting a copy of such agreement to the New York state department of labor.

(b) In the absence of such an agreement, the department shall enforce any child support obligations as authorized by the court in any order establishing such obligations and as otherwise provided by law.

. . . .

Finally, the statute directly in issue here, N.Y.Pers.Prop.Law § 49-b (McKinney Supp.1983-1984), provides:

1. (a) When a person is ordered by a court of record to pay for the support of his children under the age of twenty-one, and/or spouse, and/or former spouse, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, shall order his employer, future employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the state of New York or any political subdivision thereof, or the United States to deduct from all monies due or payable to such person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its order for the support of his or her children under the age of twenty-one and/or his or her spouse, and/or former spouse, as well as any accumulated amount in arrears. In determining good cause, the court may take into consideration evidence of the degree of the respondent's past financial responsibility, credit references, credit history, and any other matter the court considers relevant in determining the likelihood of payment in accordance with the support order. Proof that the respondent is three payments delinquent establishes a prima facie case against the respondent, which can be overcome only by proof of respondent's inability to make the payments. Unless such presumption is overcome, the court shall order the respondent's employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, to deduct from said employee's wages, salary or commission or pension such amounts as the court may find to be necessary to comply with the order of support as well as any accumulated amount in arrears.

(b) When an order for support is made which orders that the payment be made to the support collection unit, the court, at the time such order of support is made, shall order the respondent's employer, future employer, former employer, the auditor, comptroller, or disbursing officer of any pension fund, the state of New York or any political subdivision thereof, or the United States to deduct from all monies due or payable to such person, the entitlement to which is based upon remuneration for employment, past or present, such amounts as the court may find to be necessary to comply with its orders for the support of his or her children under the age of twenty-one, and/or his or her spouse and/or former spouse, provided however that any such order shall provide that no such deduction shall be made unless and until the support collection unit established by the appropriate social services district has determined that such person's support payment arrears equal or exceed the total amount of monies payable in a specified number of payments determined by the court in the support order and a copy of the income deduction order and determination has been served upon such person's employer, future employer, former employer, the auditor, comptroller or disbursing officer of any pension fund, the state of New York or any political subdivision thereof, or the United States; and provided that such person shall be given notice of such determination at least fifteen days prior to service of such order and determination on such employer, future employer, former employer, the auditor, comptroller or disbursing officer of any pension fund, the state of New York or any political subdivision thereof, or the United States, and if such person pays all arrearages within such fifteen day period, such order and determination shall not be served and no deduction shall be required by reason of such determination, but such payment shall not affect or otherwise limit any determination made as a result of any subsequent delinquencies. Such employer, future employer, former employer, the auditor,

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