Justice Michael Stallman
Father Ford commenced an Article 78 action regarding certain child support enforcement actions taken against him for failure to pay support arrears. Respondents, including the state Office of Child Support Enforcement (OCSE), sought dismissal of the petition, claiming Ford owed $400,000 in support arrears accumulated over 24 years. Ford disputed such claims and sought a lift of the suspension of his driver’s license and passport, among other things. The court found OCSE had a rational basis for its determination to seize Ford’s tax refund and place him in the passport denial process, noting OCSE was statutorily mandated to seize Ford’s tax refund to enforce his outstanding support arrears by way of state and federal tax refund offset. Also, as Ford owed over $400,000 in arrears, above the mandated $500 threshold, OCSE had a rational basis to seize the tax refund. Further, the court noted the certification of arrears to the federal government for tax refund offset automatically triggered the passport denial process. As Ford owed arrears over $2,500 at the time he was placed in the passport denial process, OCSE had a rational basis to place him there, entitling respondents to dismissal of the petition.
