Opinion
February 2, 1990
Appeal from the Onondaga County Family Court, Buck, J.
Present — Dillon, P.J., Callahan, Boomer, Pine and Balio, JJ.
Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings, in accordance with the following memorandum: The Department of Social Services appeals from an order of Family Court denying its objections to a Hearing Examiner's decision that the Department was not entitled to certain child support arrears. Those arrears, assigned to the Department when Lucinda Pringle applied for public assistance (Social Services Law § 348), accrued before she began receiving public assistance but remained uncollected when public assistance terminated. Subsequent to Family Court's order, the regulations governing assignment of child support arrears were amended. Those regulations now provide that when a family ceases to receive Aid to Dependent Children, the assignment of support rights terminates, except with respect to the amount of unpaid support obligation that has accrued under such assignment; that amount includes "any unpaid support that was assigned to the local social services district and the State upon application for and receipt of" such aid ( 18 NYCRR 347.13 [f]). The Department therefore is entitled to arrears accrued at the time Pringle began receiving public assistance, up to the total amount of public assistance. A hearing to establish the amount of public assistance received by Pringle is required in order to determine whether the Department is entitled to the full amount of arrears accrued.