Assembly Bill A2859

2013-2014 Legislative Session

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

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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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2013-A2859 (ACTIVE) - Details

See Senate Version of this Bill:
S4254
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, S4721
2015-2016: A2549
2017-2018: A3642, A9724
2019-2020: A5744
2021-2022: A8383
2023-2024: A2456

2013-A2859 (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.

2013-A2859 (ACTIVE) - Bill Text download pdf

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

                                  2859

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced by M. of A. GRAF, McDONOUGH, TENNEY -- 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 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.
                                                           LBD06561-01-3
              

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