Child Support Recovery Act????

[buerrerouge]

I was told by a friend that this law (Child Support Recovery Act) was established some time in the 1980's regarding back payments for child support. I never had a chance to look it up.

1) would you know if this law applies to all children (prior and after) or to only children born after this law came into effect?

2) Is there a Statute Limitation in New York City for back payments for Child support?

[LadyBlu]

Originally posted by buerrerouge
I was told by a friend that this law (Child Support Recovery Act) was established some time in the 1980's regarding back payments for child support. I never had a chance to look it up.

1) would you know if this law applies to all children (prior and after) or to only children born after this law came into effect?

2) Is there a Statute Limitation in New York City for back payments for Child support?

It would apply to all support orders granted prior to and after the statue became law. Also, NY charges interest on the arrears. So while the absent parent isnt paying there is extra monies being accrued.


S 244. Enforcement by execution of judgment or order in action for
divorce, separation or annulment. Where a spouse in an action for divorce,
separation or annulment, or declaration of nullity of a void marriage, or a
person other than a spouse when an action for an annulment is maintained
after the death of a spouse, defaults in paying any sum of money as
required by the judgment or order directing the payment thereof, or as
required by the terms of an agreement or stipulation incorporated by
reference in a judgment, such direction shall be enforceable pursuant to
section fifty-two hundred forty-one or fifty-two hundred forty-two of the
civil practice law and rules. Upon application the court shall make an
order directing the entry of judgment for the amount of arrears of child
support together with costs and disbursements. The court shall make an
order directing the entry of judgment for the amount of arrears of any
other payments so directed, together with costs and disbursements, unless
the defaulting party shows good cause for failure to make application for
relief from the judgment or order directing such payment prior to the
accrual of such arrears. The court shall not make an order reducing or
cancelling arrears unless the facts and circumstances constituting good
cause are set forth in a written memorandum of decision. The application
for such order shall be upon such notice to the spouse or other person as
the court may direct. Such judgment may be enforced by execution or in any
other manner provided by law for the collection of money judgments. The
relief herein provided for is in addition to any and every other remedy to
which a spouse may be entitled under the law; provided that when a judgment
for such arrears or any part thereof shall have been entered pursuant to
this section, such judgment shall thereafter not be subject to modification
under the discretionary power granted by this section; and after the entry
of such judgment the judgment creditor shall not hereafter be entitled to
collect by any form of remedy any greater portion of such arrears than that
represented by the judgment so entered. Such judgment shall provide for the
payment of interest on the amount of any arrears if the default was
willful, in that the obligated spouse knowingly, consciously and
voluntarily disregarded the obligation under a lawful court order. Such
interest shall be computed from the date on which the payment was due, at
the prevailing rate of interest on judgments as provided in the civil
practice law and rules.





And then there is the Sec 5241 & 5242 of the Civil Pracitce:S 5241. Income execution for support enforcement. (a) Definitions. As
used in this section and in section fifty-two hundred forty-two of this
chapter, the following terms shall have the following meanings:
1. "Order of support" means any temporary or final order, judgment,
agreement or stipulation incorporated by reference in such judgment or
decree in a matrimonial action or family court proceeding, or any
foreign support order, judgment or decree, registered pursuant to arti-
cle five-B of the family court act which directs the payment of alimony,
maintenance, support or child support.
2. "Debtor" means any person directed to make payments by an order of
support.
3. "Creditor" means any person entitled to enforce an order of
support, including a support collection unit.
4. "Employer" means any employer, future employer, former employer,
union or employees` organization.
5. "Income payor" includes:
(i) the auditor, comptroller, trustee or disbursing officer of any
pension fund, benefit program, policy of insurance or annuity;
(ii) the state of New York or any political subdivision thereof, or
the United States; and
(iii) any person, corporation, trustee, unincorporated business or
association, partnership, financial institution, bank, savings and loan
association, credit union, stock purchase plan, stock option plan,
profit sharing plan, stock broker, commodities broker, bond broker, real
estate broker, insurance company, entity or institution.
6. "Income" includes any earned, unearned, taxable or non-taxable
income, benefits, or periodic or lump sum payment due to an individual,
regardless of source, including wages, salaries, commissions, bonuses,
workers` compensation, disability benefits, unemployment insurance bene-
fits, payments pursuant to a public or private pension or retirement
program, federal social security benefits as defined in 42 U.S.C.
section 662(f) (2), and interest, but excluding public assistance bene-
fits paid pursuant to the social services law and federal supplemental
security income.
7. "Default" means the failure of a debtor to remit to a creditor
three payments on the date due in the full amount directed by the order
of support, or the accumulation of arrears equal to or greater than the
amount directed to be paid for one month, whichever first occurs.
8. "Mistake of fact" means an error in the amount of current support
or arrears or in the identity of the debtor or that the order of support
does not exist or has been vacated.
9. "Support collection unit" means any support collection unit estab-
lished by a social services district pursuant to the provisions of
section one hundred eleven-h of the social services law.
10. "Date of withholding" means the date on which the income would
otherwise have been paid or made available to the debtor were it not
withheld by the employer or income payor.
11. "Health insurance benefits" means any medical, dental, optical and
prescription drugs and health care services or other health care bene-
fits which may be provided for dependents through an employer or organ-
ization, including such employers or organizations which are self-in-
sured.
12. "Business day" means a day on which state offices are open for
regular business.
(b) Issuance. (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 compli-
ance with the direction in the order of support, and shall include an
additional amount to be applied to the reduction of arrears. The credi-
tor 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.
(2) (i) Where the court orders the debtor to provide health insurance
benefits for specified dependents, an execution for medical support
enforcement may, except as provided for herein, 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; provided, however, that
when the court issues an order of child support or combined child and
spousal 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, such medical execution
shall be in the form of a separate qualified medical child support order
as provided by subdivision (f) of section four hundred sixteen of the
family court act and paragraph (f) of subdivision one of section two
hundred forty of the domestic relations law. Such execution for medical
support enforcement may require the debtor`s employer, organization or
group health plan administrator to purchase on behalf of the debtor and
the debtor`s dependents such available health insurance benefits. Such
execution shall direct the employer, organization or group health plan
administrator to provide to the dependents for whom such benefits are
required to be provided or such dependents` custodial parent or legal
guardian or social services district on behalf of persons applying for
or in receipt of public assistance any identification cards and benefit
claim forms and to withhold from the debtor`s income the employee`s
share of the cost of such health insurance benefits, and to provide
written confirmation of such enrollment indicating the date such bene-
fits were or become available or that such benefits are not available
and the reasons therefor to the issuer of the execution. An execution
for medical support enforcement shall not require a debtor`s employer,
organization or group health plan administrator to purchase or otherwise
acquire health insurance or health insurance benefits that would not
otherwise be available to the debtor by reason of his or her employment
or membership. Nothing herein shall be deemed to obligate or otherwise
hold any employer, organization or group health plan administrator
responsible for an option exercised by the debtor in selecting medical
insurance coverage by an employee or member.
(ii) Where the child support order requires the debtor to provide
health insurance benefits for specified dependents, and where the debtor
provides such coverage and then changes employment, and the new employer
provides health care coverage, an amended execution for medical support
enforcement may be issued by the support collection unit, or by the
sheriff, the clerk of the court or the attorney for the creditor as an
officer of the court without any return to court. The issuance of the
amended execution shall transfer notice of the requirements of the order
and the execution to the new employer, organization or group health plan
administrator, and shall have the same effect as the original execution
for medical support issued pursuant to this section unless the debtor
contests the execution.
(3) Any inconsistent provisions of this title or other law notwith-
standing, in any case in which a parent is required by a court order to
provide health coverage for a child and the parent is eligible for
health insurance benefits as defined in this section through an employer
or organization, including those which are self-insured, doing business
in the state, such employer or organization must, in addition to imple-
menting the provisions of a medical support execution:
(i) permit such parent to immediately enroll under such health insur-
ance benefit coverage any such dependent who is otherwise eligible for
such coverage without regard to any seasonal enrollment restrictions;
(ii) if such a parent is enrolled but fails to make application to
obtain coverage of such dependent child, immediately enroll such depend-
ent child under such health benefit coverage upon application by such
child`s other parent or by the department or social services district
furnishing medical assistance to such child, and
(iii) not disenroll, or eliminate coverage of, such a child unless:
(A) the employer or organization is provided with satisfactory written
evidence that such court order is no longer in effect, or the child is
or will be enrolled in comparable health coverage through another insur-
er which will take effect not later than the effective date of such
disenrollment, or
(B) such employer or organization has eliminated health insurance
coverage for all similarly situated employees.
(c) Execution for support enforcement; form. (1) The income execution
shall contain the caption of the order of support, and specify the date
that the order of support was entered, the court in which it was
entered, the amount of the periodic payments directed, the amount of
arrears, the nature of the default and the names of the debtor and cred-
itor. In addition, the income execution shall include:
(i) the name and address of the employer or income payor from whom the
debtor is receiving or will receive income;
(ii) the amount of the deductions to be made therefrom on account of
current support, and the amount to be applied to the reduction of
arrears;
(iii) a notice that deductions will apply to current and subsequent
income;
(iv) a notice that the income execution will be served upon any
current or subsequent employer or income payor unless a mistake of fact
is shown within fifteen days, a notice of the manner in which a mistake
of fact may be asserted, and a notice that, if the debtor claims a
mistake of fact, a determination will be made within forty-five days
after notice to the debtor as provided in subdivision (d) of this
section, and that the debtor will receive written notice whether the
income execution will be served and of the time that deductions will
begin;
(v) a notice that the employer or income payor must commence
deductions no later than the first pay period that occurs after fourteen
days following the service of the income execution and that payment must
be remitted within seven business days of the date that the debtor paid;
(vi) a notice that the income execution is binding until further
notice;
(vii) a notice of the substance of the provisions of section fifty-two
hundred fifty-two of this chapter and that a violation thereof is
punishable as a contempt of court by fine or imprisonment or both;
(viii) a notice of the limitations upon deductions from wages set
forth in subdivision (g) of this section;
(ix) a notice that an employer must notify the issuer promptly when
the debtor terminates employment and provide the debtor`s last address
and the name and address of the new employer, if known;
(x) a notice that when an employer receives an income withholding
instrument issued by another state, the employer shall apply the income
withholding law of the state of the debtor`s principal place of employ-
ment in determining:
(A) the employer`s fee for processing income withholding;
(B) the maximum amount permitted to be withheld from the debtor`s
income;
(C) the time periods within which the employer must implement the
income withholding and forward the child support payment;
(D) the priorities for withholding and allocating income withheld for
multiple child support creditors; and
(E) any withholding terms or conditions not specified in the withhold-
ing instrument; and
(xi) a notice that an employer who complies with an income withholding
notice that is regular on its face shall not be subject to civil liabil-
ity to any individual or agency for conduct in compliance with the
notice.
(2) The medical support execution shall contain the caption of the
order of support and specify the date that the order of support was
entered and the court in which it was entered. Such execution shall
include the name and address of the employer or organization and shall
include:
(i) a notice that the debtor has been ordered by the court to enroll
the dependents in any available health insurance benefits and to main-
tain such coverage for such dependents as long as such benefits remain
available;
(ii) a notice inquiring of the employer or organization as to whether
such health insurance benefits are presently in effect for the eligible
dependents named in the execution, the date such benefits were or become
available, or that such benefits are not available and the reasons
therefor and directing that the response to such inquiry immediately be
forwarded to the issuer of such execution;
(iii) a statement directing the employer or organization to purchase
on behalf of the debtor any available health insurance benefits to be
made available to the debtor`s dependents as directed by the execution,
including the enrollment of such eligible dependents in such benefit
plans and the provision to the dependents or such dependents` custodial
parent or legal guardian or social services district on behalf of
persons applying for or in receipt of public assistance of any identifi-
cation cards and benefit claim forms;
(iv) a statement directing the employer or organization to deduct from
the debtor`s income such amount which is the debtor`s share of the
premium, if any, for such health insurance benefits for such dependents
who are otherwise eligible for such coverage without regard to any
seasonal enrollment restrictions;
(v) a notice that the debtor`s employer must notify the issuer prompt-
ly at any time the debtor terminates or changes such health insurance
benefits;
(vi) a statement that the debtor`s employer or organization shall not
be required to purchase or otherwise acquire health insurance or health
insurance benefits for such dependents that would not otherwise be
available to the debtor by reason of his employment or membership;
(vii) a statement that failure to enroll the eligible dependents in
such health insurance plan or benefits or failure to deduct from the
debtor`s income the debtor`s share of the premium for such plan or bene-
fits shall make such employer or organization jointly and severally
liable for all medical expenses incurred on the behalf of the debtor`s
dependents named in the execution while such dependents are not so
enrolled to the extent of the health insurance benefits that should have
been provided under the execution;
(viii) the name and last known mailing address of the debtor and the
name and mailing address of the dependents; provided however, that the
name and mailing address of a social services official may be substi-
tuted on behalf of such dependents;
(ix) a reasonable description of the type of coverage to be provided
to each dependent, or the manner in which such type of coverage is to be
determined;
(x) the period to which such execution applies; and
(xi) a statement that the debtor`s employer or organization shall not
be required to provide any type or form of benefit or option not other-
wise provided under the group health plan except to the extent necessary
to meet the requirements of a law relating to medical child support
described in section one thousand three hundred ninety-six-g-1 of title
forty-two of the United States Code.
(d) Notice to debtor. The creditor shall serve a copy of the execution
upon the debtor by regular mail to the debtor at his last known resi-
dence or such other place where he is likely to receive notice, or in
the same manner as a summons may be served.
(e) Determination of mistake of fact. Where the execution has been
issued by the support collection unit, the debtor may assert a mistake
of fact and shall have an opportunity to make a submission in support of
the objection within fifteen days from service of a copy thereof. There-
after, the agency shall determine the merits of the objection, and shall
notify the debtor of its determination within forty-five days after
notice to the debtor as provided in subdivision (d) of this section. If
the objection is disallowed, the debtor shall be notified that the
income execution will be served on the employer or income payor, and of
the time that deductions will begin. Where the income execution has
been issued by an attorney as officer of the court, or by the sheriff,
or by the clerk of the court, the debtor may assert a mistake of fact
within fifteen days from service of a copy thereof by application to the
supreme court or to the family court having jurisdiction in accordance
with section four hundred sixty-one of the family court act. If applica-
tion is made to the family court, such application shall be by petition
on notice to the creditor and it shall be heard and determined in
accordance with the provisions of section four hundred thirty-nine of
the family court act, and a determination thereof shall be made, and the
debtor notified thereof within forty-five days of the application. If
application is made to the supreme court such application shall be by
petition on notice to the creditor and, it shall be heard and determined
in accordance with the provisions of article four of the civil practice
law and rules, and a determination thereof shall be made, and the debtor
notified thereof within forty-five days of the application.
(f) Levy. If a debtor fails to show mistake of fact within fifteen
days, or after a determination pursuant to subdivision (e) of this
section has been made, or if the creditor is unable to serve the
execution upon the debtor, the creditor may levy upon the income that
the debtor is receiving or will receive by serving the execution upon
the employer or income payor personally in the same manner as a summons
or by regular mail, except that such service shall not be made by deliv-
ery to a person authorized to receive service of summons solely by a
designation filed pursuant to a provision of law other than rule 318.
(g) Deduction from income. (1) 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 addition 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 resigna-
tion or dismissal at any time after service of the execution, the levy
shall thereafter be ineffective, and the execution shall be returned,
unless the debtor is reinstated 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-
held ("disposable earnings"), except that if any part of such deduction
is to be applied to the reduction of arrears which shall have accrued
more than twelve weeks prior to the beginning of the week for which such
earnings are payable, the amount of such deduction shall not exceed
fifty-five percent of disposable earnings.
(ii) Where a debtor is not currently supporting a spouse or dependent
child other than the creditor, the amount of the deductions to be with-
held shall not exceed sixty percent of the earnings of the debtor
remaining after the deduction therefrom of any amounts required by law
to be withheld ("disposable earnings"), except that if any part of such
deduction is to be applied to the reduction of arrears which shall have
accrued more than twelve weeks prior to the beginning of the week for
which such earnings are payable, the amount of such deduction shall not
exceed sixty-five percent of disposable earnings.
(2) (A) An employer or income payor served with an income execution
in accordance with paragraph one of this subdivision shall be liable to
the creditor for failure to deduct the amounts specified. The creditor
may commence a proceeding against the employer or income payor for
accrued deductions, together with interest and reasonable attorney`s
fees.
(B) An employer or income payor served with an income execution in
accordance with paragraph one of this subdivision shall be liable to the
creditor and the debtor for failure to remit any amounts which have been
deducted as directed by the income execution. Either party may commence
a proceeding against the employer or income payor for accrued
deductions, together with interest and reasonable attorney`s fees.
(C) The actions of the employer or income payor in deducting or fail-
ing to deduct amounts specified by an income execution shall not relieve
the debtor of the underlying obligation of support.
(D) In addition to the remedies herein provided and as may be other-
wise authorized by law, upon a finding by the family court that the
employer or income payor failed to deduct or remit deductions as
directed in the income execution, the court shall issue to the employer
or income payor an order directing compliance and may direct the payment
of a civil penalty not to exceed five hundred dollars for the first
instance and one thousand dollars per instance for the second and subse-
quent instances of employer or income payor noncompliance.
(3) If an employer, organization or group health plan administrator
is served with an execution for medical support enforcement, such
employer, organization or group health plan administrator shall: (i)
purchase on behalf of the debtor any health insurance benefits which may
be made available to the debtor`s dependents as ordered by the
execution, including the immediate enrollment of such eligible depen-
dents in such benefit plans; (ii) provide the dependents for whom such
benefits are required, or a social services official substituted for
such dependents, identification cards and benefit claim forms; (iii)
commence deductions from income due or thereafter due to the debtor of
such amount which is the debtor`s share of the premium, if any, for such
health insurance benefits, provided, however, that such deduction when
combined with deductions for support does not exceed the limitations set
forth in paragraph one of this subdivision and is consistent with the
priority provisions set forth in subdivision (h) of this section; and
(iv) provide a confirmation of such enrollment indicating the date such
benefits were or become available or that such benefits are not avail-
able and the reasons therefor to the issuer of the execution. Except as
otherwise provided by law, nothing herein shall be deemed to obligate an
employer or organization to maintain or continue an employee`s or
member`s health insurance benefits.
(4) If such employer, organization or group health plan administrator
shall fail to so enroll such eligible dependents or to deduct from the
debtor`s income the debtor`s share of the premium, such employer, organ-
ization or group health plan administrator shall be jointly and
severally liable for all medical expenses incurred on behalf of the
debtor`s dependents named in the execution while such dependents are not
so enrolled to the extent of the insurance benefits that should have
been provided under such execution. Except as otherwise provided by
law, nothing herein shall be deemed to obligate an employer, organiza-
tion or group health plan administrator to maintain or continue an
employee`s or member`s health insurance benefits.
(h) Priority. A levy pursuant to this section or an income deduction
order pursuant to section 5242 of this chapter shall take priority over
any other assignment, levy or process. If an employer or income payor
is served with more than one execution pursuant to this section, or with
an execution pursuant to this section and also an order pursuant to
section 5242 of this chapter, and if the combined total amount of the
deductions to be withheld exceeds the limits set forth in subdivision
(g) of this section, the employer or income payor shall withhold the
maximum amount permitted thereby and pay to each creditor that propor-
tion thereof which such creditor`s claim bears to the combined total.
Any additional deduction authorized by subdivision (g) of this section
to be applied to the reduction of arrears shall be applied to such
arrears in proportion to the amount of arrears due to each creditor.
Deductions to satisfy support obligations, including any additional
deductions authorized by subdivision (g) of this section, shall have
priority over deductions for the debtor`s share of health insurance
premiums.
(i) Levy upon money payable by the state. A levy upon money payable
directly by a department of the state, or by an institution under its
jurisdiction, shall be made by serving the income execution upon the
head of the department, or upon a person designated by him, at the
office of the department in Albany; a levy upon money payable directly
upon the state comptroller`s warrant, or directly by a state board,
commission, body or agency which is not within any department of the
state, shall be made by serving the execution upon the state department
of audit and control at its office in Albany. Service at the office of a
department or any agency or institution of the state in Albany may be
made by registered or certified mail, return receipt requested.

S 5242. Income deduction order for support enforcement. (a) Upon
application of a creditor, for good cause shown, and upon such terms as
justice may require, the court may correct any defect, irregularity,
error or omission in an income execution for support enforcement issued
pursuant to section 5241 of this article.
(b) Upon application of a creditor, for good cause shown, the court
may enter an income deduction order for support enforcement. In deter-
mining good cause, the court may take into consideration evidence of the
degree of such debtor`s past financial responsibility, credit refer-
ences, credit history, and any other matter the court considers relevant
in determining the likelihood of payment in accordance with the order of
support. Proof of default establishes a prima facie case against the
debtor, which can be overcome only by proof of the debtor`s inability to
make the payments. Unless the prima facie case is overcome, the court
shall enter an income deduction order for support enforcement pursuant
to this section.
(c) (1) 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 respondent
earns wages 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. 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 withholding; or (ii) that an agreement providing for an
alternative arrangement 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 paragraph, the court shall state expressly in the order of support
the basis for its decision. In entering the income deduction order, the
court shall specify an amount to be withheld by the debtor`s employer,
which shall be sufficient to ensure compliance with the order of support
and also shall include an additional amount to be applied to the
reduction of arrears, if any, and shall specify the names, addresses,
and social security numbers of the parties to the support proceeding and
the mailing address of the unit within the state department of social
services designated to receive such deductions. The court shall trans-
mit copies of such order to the parties and to such unit.
(2) An employer served with an income deduction order entered pursuant
to this subdivision shall commence deductions from the income due or
thereafter due to the debtor no later than the first pay period that
occurs fourteen days after service of the income deduction order, and
shall remit payments to the state department of social services pursuant
to subdivision fourteen of section one hundred eleven-b of the social
services law within ten days of the date that the debtor is paid. Each
payment remitted by the employer shall be made payable to the creditor
named in the order, and shall include the names, addresses, and social
security numbers of the debtor and the creditor, and the date and the
amount of each withholding of the debtor`s income included in the
payment. An employer shall be liable to the creditor for failure to
deduct the amounts specified in the income deduction order, provided
however that deduction by the employer of the amounts specified shall
not relieve the debtor of the underlying obligation of support. If an
employer shall fail to so pay the creditor, the creditor may commence a
proceeding against the employer for accrued deductions, together with
interest and reasonable attorney`s fees. If the debtor`s employment is
terminated by resignation or dismissal at any time after service of the
income deduction order, the order shall cease to have force and effect
unless the debtor is reinstated or re-employed by the same employer. An
employer must notify the creditor promptly when the debtor terminates
employment and must provide the debtor`s last address and the name and
address of the debtor`s new employer, if known. Where the income is
compensation paid or payable to the debtor for personal services, the
amount withheld by the employer shall not exceed the following:
(i) Where the debtor currently is supporting a spouse or dependent
child other than the creditor`s dependent child, the amount 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-
held ("disposable earnings"), except that if any part of the deduction
is to be applied to the reduction of arrears which shall have accrued
more than twelve weeks prior to the beginning of the week for which such
earnings are payable, the amount withheld shall not exceed fifty-five
percent of disposable earnings.
(ii) Where the debtor currently is not supporting a spouse or depend-
ent child other than the creditor`s dependent child, the amount withheld
shall not exceed sixty percent of the earnings of the debtor remaining
after the deduction therefrom of any amounts required by law to be with-
held ("disposable earnings"), except that if any part of the deduction
is to be applied to the reduction of arrears which shall have accrued
more than twelve weeks prior to the beginning of the week for which such
earnings are payable, the amount withheld shall not exceed sixty-five
percent of disposable earnings.
(d) An order pursuant to this section shall take priority over any
other assignment, levy or process. If an employer or income payor is
served with more than one income deduction order pertaining to a single
employee pursuant to this section, or with an order issued pursuant to
this section and also an execution pursuant to section 5241 of this
chapter, and if the combined total amount of the income to be withheld
exceeds the limits set forth in subdivision (c) of this section, the
employer or income payor shall withhold the maximum amount permitted
thereby and pay to each creditor that proportion thereof which such
creditor`s claim bears to the combined total.
(e) An employer or income payor shall be liable to the creditor for
failure to deduct the amounts specified, provided however that deduction
of the amounts specified by the employer or income payor shall not
relieve the debtor of the underlying obligation of support.
(f) A creditor shall not be required to issue process under section
5241 of this article prior to obtaining relief pursuant to this section.
(g) Where the court issues an income deduction order for support
enforcement payable to the support collection unit, as defined in para-
graph nine of subdivision (a) of section 5241 of this article, 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.