The department or a social services district, or its authorized representative, after obtaining information that a debtor has transferred income, property or other assets to avoid payment to a child support creditor shall, pursuant to article ten of the debtor and creditor law (1) commence a proceeding to void such transfer; or (2) obtain a settlement that is in the best interests of the child support creditor. Provided, however, that no settlement shall reduce or annul any arrears of child support which have accrued prior to the date of settlement.
N.Y. Soc. Serv. Law § 111-Q