senate Bill S4728A

Signed By Governor
2013-2014 Legislative Session

Relates to income withholding for child support

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.270
Jul 19, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.565
substituted for a7951
Jun 18, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1441
Jun 11, 2013 print number 4728a
amend (t) and recommit to rules
Apr 19, 2013 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4728 - Details

See Assembly Version of this Bill:
A7951
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §111-b, Soc Serv L; amd §§5241 & 5242, CP L

S4728 - Summary

Relates to income withholding for child support.

S4728 - Sponsor Memo

S4728 - Bill Text download pdf

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

                                  4728

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of the Office of Tempo-
  rary and Disability Assistance) -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation  to  child  support
  collections  (Part  A);  and to amend the civil practice law and rules
  and the social services law, in relation  to  income  withholding  for
  child support (Part B)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law components  of  legislation  which
are  necessary  to  provide  mandate  relief or government efficiencies.
Each component is wholly contained within a Part identified as  Parts  A
through  B.  The  effective date for each particular provision contained
within such Part is set forth in the last  section  of  such  Part.  Any
provision  in  any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act,"
when used in connection with that particular component, shall be  deemed
to  mean  and refer to the corresponding section of the Part in which it
is found. Section three of this act sets  forth  the  general  effective
date of this act.

                                 PART A

  Section 1. Subdivision 11 of section 111-h of the social services law,
as  amended  by  chapter  502 of the laws of 1990, is amended to read as
follows:
  11. The department may PERFORM OR provide for the performance of [the]
collection [and],  disbursement,  OR  OTHER  functions  of  the  support
collection  units  by  contract with [a fiscal] AN agent OR AGENTS.  For
purposes of any reference to support collection unit in this chapter  or
any  other  law,  the  [fiscal]  agent OR AGENTS under contract with the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09390-02-3

S4728A (ACTIVE) - Details

See Assembly Version of this Bill:
A7951
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §111-b, Soc Serv L; amd §§5241 & 5242, CP L

S4728A (ACTIVE) - Summary

Relates to income withholding for child support.

S4728A (ACTIVE) - Sponsor Memo

S4728A (ACTIVE) - Bill Text download pdf

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

                                 4728--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of the Office of Tempo-
  rary and Disability Assistance) -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules and the social services
  law, in relation to income withholding for child support

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 5241 of the civil  practice  law
and rules is amended by adding a new paragraph 13 to read as follows:
  13.  "ISSUER"  MEANS  A SUPPORT COLLECTION UNIT, SHERIFF, THE CLERK OF
COURT, OR THE ATTORNEY FOR THE CREDITOR.
  S 2. Paragraph 1 of subdivision (b) of section 5241 of the civil prac-
tice 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] ISSUER 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09390-06-3

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