Bill Text: NY A05995 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires employer to indicate on a pay stub where an income deduction is for the purpose of support enforcement.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A05995 Detail]

Download: New_York-2019-A05995-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5995
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
          tee on Judiciary
        AN  ACT to amend the civil practice law and rules, in relation to income
          deduction for support enforcement
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 1 of subdivision (b) of section 5241 of the civil
     2  practice  law  and rules, as amended by chapter 270 of the laws of 2013,
     3  is amended to read as follows:
     4    (1) When a debtor is in default, an execution for support  enforcement
     5  may  be  issued  by  the support collection unit, or by the sheriff, the
     6  clerk of court or the attorney for the creditor as  an  officer  of  the
     7  court.  Where a debtor is receiving or will receive income, an execution
     8  for deductions therefrom in amounts not to exceed the limits  set  forth
     9  in  subdivision  (g)  of  this section may be served upon an employer or
    10  income payor after notice to the debtor. The amount of the deductions to
    11  be withheld shall be sufficient to ensure compliance with the  direction
    12  in  the  order  of support, and shall include an additional amount to be
    13  applied to the reduction of arrears. The issuer may amend the  execution
    14  before  or  after  service  upon the employer or income payor to reflect
    15  additional arrears or payments made by the debtor after notice  pursuant
    16  to  subdivision  (d) of this section, or to conform the execution to the
    17  facts found upon a determination made pursuant  to  subdivision  (e)  of
    18  this section. An employer or income payer shall indicate on the paycheck
    19  stub  of  an  employee  whose  income  is subject to an order under this
    20  section, that the income is being withheld to satisfy an order of  child
    21  support.  Such amount shall be labeled on the paycheck stub as "parental
    22  contribution".
    23    §  2.  Subdivision  (c)  of section 5242 of the civil practice law and
    24  rules, as amended by chapter 270 of the laws of 2013, is amended to read
    25  as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09597-01-9
        A. 5995                             2
     1    (c) When the court enters an order of support  on  behalf  of  persons
     2  other  than  those  in  receipt  of  public  assistance or in receipt of
     3  services pursuant to section one hundred eleven-g of the social services
     4  law, or registers pursuant to article five-B of the family court act  an
     5  order  of  support  which  has been issued by a foreign jurisdiction and
     6  which is not to be enforced pursuant to title six-A of article three  of
     7  the  social services law, where the court determines that the debtor has
     8  income that could be subject to an income  deduction  order,  the  court
     9  shall  issue an income deduction order to obtain payment of the order at
    10  the same time it issues or registers the order. An employer shall  indi-
    11  cate  on  the paycheck stub of an employee whose income is subject to an
    12  order under this section, that the income is being withheld  to  satisfy
    13  an order of child support.  Such amount shall be labeled on the paycheck
    14  stub  as  "parental  contribution".  The  court  shall  enter the income
    15  deduction order unless the court finds and sets forth in writing (i) the
    16  reasons that there is good cause not to require immediate  income  with-
    17  holding; or (ii) that an agreement providing for an alternative arrange-
    18  ment  has been reached between the parties. Such agreement may include a
    19  written agreement or an oral  stipulation,  made  on  the  record,  that
    20  results in a written order. For purposes of this subdivision, good cause
    21  shall  mean  substantial harm to the debtor. The absence of an arrearage
    22  or the mere issuance of an income deduction order shall  not  constitute
    23  good  cause.  When  the court determines that there is good cause not to
    24  issue an income deduction order immediately or when the parties agree to
    25  an alternative arrangement as provided in this  subdivision,  the  court
    26  shall  state  expressly  in the order of support the basis for its deci-
    27  sion.
    28    § 3. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.