N.Y. CPLR § 5242

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5242 Income deduction order for support enforcement § 5242. Income deduction order for support enforcement. (a) Uponapplication of a creditor, for good cause shown, and upon such terms asjustice may require, the court may correct any defect, irregularity,error or omission in an income execution for support enforcement issuedpursuant to section 5241 of this article.(b) Upon application of a creditor, for good cause shown, the courtmay enter an income deduction order for support enforcement. Indetermining good cause, the court may take into consideration evidenceof the degree of such debtor's past financial responsibility, creditreferences, credit history, and any other matter the court considersrelevant in determining the likelihood of payment in accordance with theorder of support. Proof of default establishes a prima facie caseagainst the debtor, which can be overcome only by proof of the debtor'sinability to make the payments. Unless the prima facie case is overcome,the court shall enter an income deduction order for support enforcementpursuant to this section.(c) When the court enters an order of support on behalf of personsother than those in receipt of public assistance or in receipt ofservices pursuant to section one hundred eleven-g of the social serviceslaw, or registers pursuant to article five-B of the family court act anorder of support which has been issued by a foreign jurisdiction andwhich is not to be enforced pursuant to title six-A of article three ofthe social services law, where the court determines that the debtor hasincome that could be subject to an income deduction order, the courtshall issue an income deduction order to obtain payment of the order atthe same time it issues or registers the order. The court shall enterthe income deduct income deduction order, the courtshall issue an income deduction order to obtain payment of the order atthe same time it issues or registers the order. The court shall enterthe income deduction order unless the court finds and sets forth inwriting (i) the reasons that there is good cause not to requireimmediate income withholding; or (ii) that an agreement providing for analternative arrangement has been reached between the parties. Suchagreement may include a written agreement or an oral stipulation, madeon the record, that results in a written order. For purposes of thissubdivision, good cause shall mean substantial harm to the debtor. Theabsence of an arrearage or the mere issuance of an income deductionorder shall not constitute good cause. When the court determines thatthere is good cause not to issue an income deduction order immediatelyor when the parties agree to an alternative arrangement as provided inthis subdivision, the court shall state expressly in the order ofsupport the basis for its decision.(d) In entering the income deduction order, the court shall use theform for income withholding promulgated by the office of temporary anddisability assistance for this purpose, which form shall include thenecessary information and directions to ensure the characterization ofthe income deduction order as an income withholding notice as describedand required by subsection (b) of section six hundred sixty-six of titleforty-two of the United States Code; provided, however, that where thecourt enters an order for spousal support only, an alternate spousalsupport form for income withholding promulgated by the office oftemporary and disability assistance may be used but is not required. Thecourt shall serve or cause to be served a copy of the income deductionorder on the employer or income payor and transmit copies of such orderto the parties; and, in addition, where the income d rt shall serve or cause to be served a copy of the income deductionorder on the employer or income payor and transmit copies of such orderto the parties; and, in addition, where the income deduction order isfor child support or combined child and spousal support, to the statedisbursement unit established in this state in accordance with sectionsix hundred fifty-four-b of title forty-two of the United States Code.(e) An employer or income payor served with an income deduction orderentered pursuant to this section shall commence deductions from theincome due or thereafter due to the debtor no later than the first payperiod that occurs fourteen days after service of the income deductionorder, and shall make payments payable to and remit such payments to thestate disbursement unit if the deductions are for child or combinedchild and spousal support, or to the creditor if the deductions are forspousal support only, within seven business days of the date that thedebtor is paid. Each payment remitted by the employer or income payorshall include the information as --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only instructed on the income deductionorder. The amount remitted by the employer or income payor shall be asset forth in the income deduction order including the additional amountthat shall be ordered by the court and applied to the reduction ofarrears, if any, unless such deduction is otherwise limited bysubdivision (f) of this section.(f) An employer or income payor shall be liable to the creditor forfailure to deduct the amounts specified in the income deduction order,provided however that deduction by the employer or income payor of theamounts specified shall not relieve the debtor of the underlyingobligation of support. If an employer or income payor shall fail to sopay the state disbursement unit or, if a spousal support theamounts specified shall not relieve the debtor of the underlyingobligation of support. If an employer or income payor shall fail to sopay the state disbursement unit or, if a spousal support only paymentthe creditor, the creditor may commence a proceeding against theemployer or income payor for accrued deductions, together with interestand reasonable attorney's fees. If the debtor's employment is terminatedby resignation or dismissal at any time after service of the incomededuction order, the order shall cease to have force and effect unlessthe debtor is reinstated or re-employed within ninety days after suchtermination. An employer must notify the issuer promptly when the debtorterminates employment and must provide the debtor's last address and thename and address of the debtor's new employer, if known. An income payormust notify the issuer when the debtor no longer receives income andmust provide the debtor's last address and the name and address of thedebtor's new employer, if known. Where the income is compensation paidor payable to the debtor for personal services, the amount withheld bythe employer shall not exceed the following:(i) Where the debtor currently is supporting a spouse or dependentchild other than the creditor's dependent child, the amount withheldshall not exceed fifty percent of the earnings of the debtor remainingafter the deduction therefrom of any amounts required by law to bewithheld ("disposable earnings"), except that if any part of thededuction is to be applied to the reduction of arrears which shall haveaccrued more than twelve weeks prior to the beginning of the week forwhich such earnings are payable, the amount withheld shall not exceedfifty-five percent of disposable earnings.(ii) Where the debtor currently is not supporting a spouse ordependent child other than the creditor's dependent child, the amountwithheld shall not exceed sixty percent n disposable earnings.(ii) Where the debtor currently is not supporting a spouse ordependent child other than the creditor's dependent child, the amountwithheld shall not exceed sixty percent of the earnings of the debtorremaining after the deduction therefrom of any amounts required by lawto be withheld ("disposable earnings"), except that if any part of thededuction is to be applied to the reduction of arrears which shall haveaccrued more than twelve weeks prior to the beginning of the week forwhich such earnings are payable, the amount withheld shall not exceedsixty-five percent of disposable earnings.(g) An order pursuant to this section shall take priority over anyother assignment, levy or process. If an employer or income payor isserved with more than one income deduction order pertaining to a singleemployee pursuant to this section, or with an order issued pursuant tothis section and also an execution pursuant to section 5241 of thisarticle, and if the combined total amount of the income to be withheldexceeds the limits set forth in subdivision (f) of this section, theemployer or income payor shall withhold the maximum amount permittedthereby and pay to each creditor that proportion thereof which suchcreditor's claim bears to the combined total.(h) An employer or income payor shall be liable to the creditor forfailure to deduct the amounts specified, provided however that deductionof the amounts specified by the employer or income payor shall notrelieve the debtor of the underlying obligation of support.(i) A creditor shall not be required to issue process under section5241 of this article prior to obtaining relief pursuant to this section. CPLR § 5242 Page 2