2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 52 - (5201 - 5253) ENFORCEMENT OF MONEY JUDGMENTS
5242 - Income deduction order for support enforcement.

 
    §  5242.  Income  deduction  order  for  support enforcement. (a) Upon
  application of a creditor, for good cause shown, and upon such terms  as
  justice  may  require,  the  court may correct any defect, irregularity,
  error or omission in an income execution for support enforcement  issued
  pursuant to section 5241 of this article.
    (b)  Upon  application  of a creditor, for good cause shown, the court
  may  enter  an  income  deduction  order  for  support  enforcement.  In
  determining  good  cause, the court may take into consideration evidence
  of the degree of such debtor'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
  order of support. Proof  of  default  establishes  a  prima  facie  case
  against  the debtor, which can be overcome only by proof of the debtor's
  inability to make the payments. Unless the prima facie case is overcome,
  the court shall enter an income deduction order for support  enforcement
  pursuant to this section.
    (c) (1) When the court enters an order of support on behalf of persons
  other  than  those  in  receipt  of  public  assistance or in receipt of
  services pursuant to section one hundred eleven-g of the social services
  law, or registers pursuant to article five-B of the family court act  an
  order  of  support  which  has been issued by a foreign jurisdiction and
  which is not to be enforced pursuant to title six-A of article three  of
  the  social services law, where the court determines that the respondent
  earns wages that could be subject to  an  income  deduction  order,  the
  court  shall  issue  an  income deduction order to obtain payment of the
  order at the same time it issues or registers the order. The court shall
  enter the income deduction order unless the court finds and  sets  forth
  in  writing  (i)  the  reasons  that  there is good cause not to require
  immediate income withholding; or (ii) that an agreement providing for an
  alternative arrangement has  been  reached  between  the  parties.  Such
  agreement  may  include a written agreement or an oral stipulation, made
  on the record, that results in a written order.  For  purposes  of  this
  subdivision,  good  cause shall mean substantial harm to the debtor. The
  absence of an arrearage or the mere  issuance  of  an  income  deduction
  order  shall  not  constitute good cause. When the court determines that
  there is good cause not to issue an income deduction  order  immediately
  or  when  the parties agree to an alternative arrangement as provided in
  this paragraph, the court shall state expressly in the order of  support
  the  basis for its decision. In entering the income deduction order, the
  court shall specify an amount to be withheld by the  debtor's  employer,
  which shall be sufficient to ensure compliance with the order of support
  and  also  shall  include  an  additional  amount  to  be applied to the
  reduction of arrears, if any, and shall specify  the  names,  addresses,
  and social security numbers of the parties to the support proceeding and
  the mailing address of the unit within the state office of temporary and
  disability  assistance  designated to receive such deductions. The court
  shall transmit copies of such order to the parties and to such unit.
    (2) An employer served with an income deduction order entered pursuant
  to this subdivision shall commence deductions from  the  income  due  or
  thereafter  due  to  the  debtor no later than the first pay period that
  occurs fourteen days after service of the income  deduction  order,  and
  shall  remit  payments  to  the state office of temporary and disability
  assistance pursuant to  subdivision  fourteen  of  section  one  hundred
  eleven-b of the social services law within ten days of the date that the
  debtor  is  paid.  Each  payment  remitted by the employer shall be made
  payable to the creditor named in the order, and shall include the names,
  addresses, and social security numbers of the debtor and  the  creditor,
  and  the  date and the amount of each withholding of the debtor's income

  included in the payment. An employer shall be liable to the creditor for
  failure to deduct the amounts specified in the income  deduction  order,
  provided however that deduction by the employer of the amounts specified
  shall not relieve the debtor of the underlying obligation of support. If
  an employer shall fail to so pay the creditor, the creditor may commence
  a  proceeding against the employer for accrued deductions, together with
  interest and reasonable attorney's fees. If the debtor's  employment  is
  terminated  by resignation or dismissal at any time after service of the
  income deduction order, the order shall cease to have force  and  effect
  unless  the debtor is reinstated or re-employed by the same employer. An
  employer must notify the creditor promptly when  the  debtor  terminates
  employment  and  must provide the debtor's last address and the name and
  address of the debtor's new employer, if  known.  Where  the  income  is
  compensation  paid  or  payable to the debtor for personal services, the
  amount withheld by the employer shall not exceed the following:
    (i) Where the debtor currently is supporting  a  spouse  or  dependent
  child  other  than  the  creditor's dependent child, the amount withheld
  shall not exceed fifty percent of the earnings of the  debtor  remaining
  after  the  deduction  therefrom  of  any  amounts required by law to be
  withheld ("disposable  earnings"),  except  that  if  any  part  of  the
  deduction  is to be applied to the reduction of arrears which shall have
  accrued more than twelve weeks prior to the beginning of  the  week  for
  which  such  earnings  are payable, the amount withheld shall not exceed
  fifty-five percent of disposable earnings.
    (ii) Where  the  debtor  currently  is  not  supporting  a  spouse  or
  dependent  child  other  than the creditor's dependent child, the amount
  withheld shall not exceed sixty percent of the earnings  of  the  debtor
  remaining  after  the deduction therefrom of any amounts required by law
  to be withheld ("disposable earnings"), except that if any part  of  the
  deduction  is to be applied to the reduction of arrears which shall have
  accrued more than twelve weeks prior to the beginning of  the  week  for
  which  such  earnings  are payable, the amount withheld shall not exceed
  sixty-five percent of disposable earnings.
    (d) An order pursuant to this section shall  take  priority  over  any
  other  assignment,  levy  or  process. If an employer or income payor is
  served with more than one income deduction order pertaining to a  single
  employee  pursuant  to this section, or with an order issued pursuant to
  this section and also an execution pursuant  to  section  5241  of  this
  chapter,  and  if the combined total amount of the income to be withheld
  exceeds the limits set forth in subdivision (c)  of  this  section,  the
  employer  or  income  payor  shall withhold the maximum amount permitted
  thereby and pay to each creditor  that  proportion  thereof  which  such
  creditor's claim bears to the combined total.
    (e)  An  employer  or income payor shall be liable to the creditor for
  failure to deduct the amounts specified, provided however that deduction
  of the amounts specified by the  employer  or  income  payor  shall  not
  relieve the debtor of the underlying obligation of support.
    (f)  A  creditor  shall not be required to issue process under section
  5241 of this article prior to obtaining relief pursuant to this section.
    (g) Where the court issues  an  income  deduction  order  for  support
  enforcement  payable  to  the  support  collection  unit,  as defined in
  paragraph nine of subdivision (a) of section 5241 of this article,  each
  payment  remitted  by  an  employer  or  income  payor shall include, in
  addition to the identity and social security number of the  debtor,  the
  date  and  amount of each withholding of the debtor's income included in
  the payment.