2013 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.
    * NB Effective until April 27, 2014
    * (c) 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 debtor has
  income 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  subdivision,  the  court  shall  state  expressly  in the order of
  support the basis for its decision.

    * NB Effective April 27, 2014
    * (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.
    * NB Effective until April 27, 2014
    * (d) In entering the income deduction order, the court shall use  the
  form  for  income withholding promulgated by the office of temporary and
  disability assistance for this purpose, which  form  shall  include  the
  necessary  information  and directions to ensure the characterization of
  the income deduction order as an income withholding notice as  described
  and required by subsection (b) of section six hundred sixty-six of title
  forty-two  of  the United States Code; provided, however, that where the
  court enters an order for spousal support  only,  an  alternate  spousal
  support  form  for  income  withholding  promulgated  by  the  office of
  temporary and disability assistance may be used but is not required. The
  court shall serve or cause to be served a copy of the  income  deduction
  order  on the employer or income payor and transmit copies of such order
  to the parties; and, in addition, where the income  deduction  order  is
  for  child  support  or combined child and spousal support, to the state
  disbursement unit established in this state in accordance  with  section
  six hundred fifty-four-b of title forty-two of the United States Code.
    * NB Effective April 27, 2014
    * (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.
    * NB Effective until April 27, 2014
    * (e)  An  employer  or  income  payor served with an income deduction
  order entered pursuant to this section 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  make  payments  payable to and remit such
  payments to the state disbursement unit if the deductions are for  child
  or  combined  child  and  spousal  support,  or  to  the creditor if the
  deductions are for spousal support only, within seven business  days  of
  the  date that the debtor is paid. Each payment remitted by the employer
  or income payor shall include  the  information  as  instructed  on  the
  income  deduction  order.  The amount remitted by the employer or income
  payor shall be as set forth in the income deduction order including  the
  additional  amount that shall be ordered by the court and applied to the
  reduction of arrears, if any, unless such deduction is otherwise limited
  by subdivision (f) of this section.
    * NB Effective April 27, 2014
    * (f) A creditor shall not be required to issue process under  section
  5241 of this article prior to obtaining relief pursuant to this section.
    * NB Effective until April 27, 2014
    * (f)  An employer or income payor 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 or income payor of the
  amounts specified  shall  not  relieve  the  debtor  of  the  underlying
  obligation  of  support. If an employer or income payor shall fail to so

  pay the state disbursement unit or, if a spousal  support  only  payment
  the  creditor,  the  creditor  may  commence  a  proceeding  against the
  employer or income payor 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 within ninety days after such
  termination. An employer must notify the issuer 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. An income payor
  must notify the issuer when the debtor no  longer  receives  income  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.
    * NB Effective April 27, 2014
    * (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.
    * NB Effective until April 27, 2014
    * (g) 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
  article,  and  if the combined total amount of the income to be withheld
  exceeds the limits set forth in subdivision (f)  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.
    * NB Effective April 27, 2014
    * (h)  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.
    * NB Effective April 27, 2014

    * (i)  A creditor shall not be required to issue process under section
  5241 of this article prior to obtaining relief pursuant to this section.
    * NB Effective April 27, 2014