senate Bill S4721

2011-2012 Legislative Session

Relates to noncompliance of an employer or income payor with income execution orders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Judiciary Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Apr 15, 2011 referred to judiciary

S4721 - Details

See Assembly Version of this Bill:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5241, CPLR

S4721 - Summary

Relates to noncompliance of an employer or income payor with income execution orders; allows child support unit to count each failure to remit payment as an instance of noncompliance.

S4721 - Sponsor Memo

S4721 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to noncom-
  pliance with an income execution order


  Section 1. Paragraph 1 of subdivision (g) of section 5241 of the civil
practice  law  and rules, as amended by chapter 398 of the laws of 1997,
is amended to read as follows:
  (1)(A) An employer or income payor served  with  an  income  execution
shall  commence  deductions  from  income  due  or thereafter due to the
debtor no later than the first pay  period  that  occurs  fourteen  days
after service of the execution, and shall remit payments to the creditor
within  seven  business  days  of the date that the debtor is paid. Each
payment remitted by an employer or income payor shall include, in  addi-
tion  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.  If the money due to the debtor consists of salary or wages and
his or her employment is terminated by resignation or dismissal  at  any
time  after service of the execution, the levy shall thereafter be inef-
fective, and the execution shall be returned, unless the debtor is rein-
stated or re-employed within ninety  days  after  such  termination.  An
employer  must  notify  the  issuer  promptly when the debtor terminates
employment and provide the debtor's last address and name and address of
the new employer, if known. Where the income  is  compensation  paid  or
payable  to  the  debtor  for  personal  services,  the  amount  of  the
deductions to be withheld shall not exceed the following:
  (i) Where a debtor is currently supporting a spouse or dependent child
other than the creditor, the amount of the  deductions  to  be  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 with-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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