2023 New York Laws › CVP - Civil Practice Law and Rules › Article 52 - 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)  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.
(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.
(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.
(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.
(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.
(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.
(i)  A  creditor  shall not be required to issue process under section
5241 of this article prior to obtaining relief pursuant to this section.