Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to judiciary |
Mar 15, 2013 |
referred to judiciary |
Senate Bill S4254
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
2013-S4254 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2859
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง5241, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S4721, A7944
2015-2016: A2549
2017-2018: A3642, A9724
2019-2020: A5744
2021-2022: A8383
2023-2024: A2456
2013-S4254 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4254 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to noncompliance with an income execution order PURPOSE OR GENERAL IDEA OF BILL: This bill provides for notice to be served on the employer of a parent who is directed to make child support payments by an order of support ("the debtor"). Notice shall be served each time the employer fails to withhold the pre-determined amount from the paycheck of the debtor. Following the receipt of each notice, the employer will be charged with a penalty for failure to withhold. SUMMARY OF PROVISIONS: Section One amends 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, adding subsection (B) which requires an employer or income payer who has been served with an income execution shall be served with a notice of failure to withhold income from the debtor. This notice will include the date payment was due, the date that the notice was served, whether it was a first or subsequent offense and the penalties owed. Section Two provides that the penalties imposed by that section are imposed and aggregated each time notice is given to the employer and
2013-S4254 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4254 2013-2014 Regular Sessions I N S E N A T E March 15, 2013 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed 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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