Assembly Bill A3049

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

                                  3049

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. REILICH -- 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:

  Section 1. Paragraph 1 of subdivision (b) of section 5241 of the civil
practice law and rules, as amended by chapter 59 of the laws of 1993, is
amended to read as follows:
  (1) When a debtor is in default, an execution for support  enforcement
may  be  issued  by  the support collection unit, or by the sheriff, the
clerk of court or the attorney for the creditor as  an  officer  of  the
court.  Where a debtor is receiving or will receive income, an execution
for deductions therefrom in amounts not to exceed the limits  set  forth
in  subdivision  (g)  of  this section may be served upon an employer or
income payor after notice to the debtor. The amount of the deductions to
be withheld shall be sufficient to ensure compliance with the  direction
in  the  order  of support, and shall include an additional amount to be
applied to  the  reduction  of  arrears.  The  creditor  may  amend  the
execution  before  or after service upon the employer or income payor to
reflect additional arrears or payments made by the debtor  after  notice
pursuant to subdivision (d) of this section, or to conform the execution
to the facts found upon a determination made pursuant to subdivision (e)
of  this  section.    AN  EMPLOYER OR INCOME PAYER SHALL INDICATE ON THE
PAYCHECK STUB OF AN EMPLOYEE WHOSE INCOME IS SUBJECT TO AN  ORDER  UNDER
THIS  SECTION,  THAT THE INCOME IS BEING WITHHELD TO SATISFY AN ORDER OF
CHILD SUPPORT.  SUCH AMOUNT SHALL BE LABELED ON  THE  PAYCHECK  STUB  AS
"PARENTAL CONTRIBUTION".
  S  2.  The  opening  paragraph  of  paragraph  2 of subdivision (c) of
section 5242 of the civil practice law and rules, as amended by  chapter
601 of the laws of 2007, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01407-01-3
              

A. 3049                             2

  An  employer served with an income deduction order entered pursuant to
this subdivision shall commence deductions from the income due or there-
after 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 assist-
ance 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 INDICATE ON THE PAYCHECK STUB OF AN EMPLOYEE
WHOSE INCOME IS SUBJECT TO AN ORDER UNDER THIS SECTION, THAT THE  INCOME
IS  BEING  WITHHELD  TO  SATISFY AN ORDER OF CHILD SUPPORT.  SUCH AMOUNT
SHALL BE LABELED ON THE PAYCHECK STUB  AS  "PARENTAL  CONTRIBUTION".  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 employ-
er  must notify the creditor promptly when the debtor terminates employ-
ment 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:
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.