S T A T E   O F   N E W   Y O R K
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                                  7127

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2015
                               ___________

Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
  tee on Judiciary

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".
  S  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.
                                                           LBD10263-01-5
              

A. 7127                             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.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.