Assembly Bill A4229

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4229
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Insurance
 
 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 270 of the laws of 2013,
 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 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. 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".
   §  2.  Subdivision  (c)  of section 5242 of the civil practice law and
 rules, as amended by chapter 270 of the laws of 2013, is amended to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08645-01-1

 A. 4229                             2
 
   (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. AN EMPLOYER SHALL  INDI-
 CATE  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".  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  with-
 holding; or (ii) that an agreement providing for an alternative arrange-
 ment  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 deci-
 sion.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.