§ 528. Support of children in the division. 1. The court placing or referring a child with the division shall ascertain the financial condition of his or her parents or other persons responsible for his or her support and, if it shall be found that any such parent or other person is able to pay any part of the cost of maintenance of such child while in or being maintained at the expense of the division, the court shall make an order directing such parent or other person to make such payments as the court may decide to be fair and equitable, and shall notify the appropriate social services official and the division of the making of such order and amount ordered to be paid.

Terms Used In N.Y. Executive Law 528

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Statute: A law passed by a legislature.

2. Proceedings shall be had and payments shall be directed to be made and shall be made, in accordance with the family court act or other applicable statute, as in the case of orders for support of delinquent children committed by the court to private institutions.

3. In case of failure on the part of any person to whom such order is directed to comply with such order and make the payments thereby directed, the court making such order shall proceed against such person in accordance with the family court act or other statute applicable thereto.

4. (a) Record of amounts received as payment under such orders shall be kept by the officer or person receiving the same and reports thereof shall be made to the division in such form and at such times as the division shall require.

(b) The amounts received and collected shall be divided between the social services district collecting the same and the state in the same proportion as they bore the cost of maintaining the children affected. The manner and amounts of payments to be made to the state by social service districts shall be determined under regulations of the division.

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