Assembly Bill A2549

2015-2016 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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2015-A2549 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5241, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A7944
2013-2014: A2859
2017-2018: A3642, A9724
2019-2020: A5744
2021-2022: A8383
2023-2024: A2456

2015-A2549 (ACTIVE) - 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.

2015-A2549 (ACTIVE) - Bill Text download pdf

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

                                  2549

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. GRAF, McDONOUGH, MONTESANO, TENNEY, BLANKENBUSH,
  McKEVITT, RAIA -- Multi-Sponsored by -- M. of A.  McLAUGHLIN  --  read
  once and referred 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

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

  Section 1. Paragraph 1 of subdivision (g) 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)  (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  within  seven
business days of the date that the debtor is paid. Each payment remitted
by  an  employer  or  income  payor  shall  include  the  information as
instructed on the income execution and shall be payable to and  remitted
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 unless the income execution is for spousal support only, in
which case the payments shall be payable to and remitted to  the  credi-
tor.  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 ineffec-
tive, 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.  An  income payor must notify the issuer
promptly 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05552-01-5
              

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