§ 5241. Income execution for support enforcement. (a) Definitions. As\nused in this section and in section fifty-two hundred forty-two of this\nchapter, the following terms shall have the following meanings:\n 1. "Order of support" means any temporary or final order, judgment,\nagreement or stipulation incorporated by reference in such judgment or\ndecree in a matrimonial action or family court proceeding, or any\nforeign support order, judgment or decree, registered pursuant to\narticle five-B of the family court act which directs the payment of\nalimony, maintenance, support or child support.\n 2. "Debtor" means any person directed to make payments by an order of\nsupport.\n 3. "Creditor" means any person entitled to enforce an order of\nsupport, including a support collection unit.\n 4. "Employer" means any employer, future employer, former employer,\nunion or employees' organization.\n 5. "Income payor" includes:\n (i) the auditor, comptroller, trustee or disbursing officer of any\npension fund, benefit program, policy of insurance or annuity;\n (ii) the state of New York or any political subdivision thereof, or\nthe United States; and\n (iii) any person, corporation, trustee, unincorporated business or\nassociation, partnership, financial institution, bank, savings and loan\nassociation, credit union, stock purchase plan, stock option plan,\nprofit sharing plan, stock broker, commodities broker, bond broker, real\nestate broker, insurance company, entity or institution.\n 6. "Income" includes any earned, unearned, taxable or non-taxable\nincome, benefits, or periodic or lump sum payment due to an individual,\nregardless of source, including wages, salaries, commissions, bonuses,\nworkers' compensation, disability benefits, unemployment insurance\nbenefits, payments pursuant to a public or private pension or retirement\nprogram, federal social security benefits as defined in 42 U.S.C.\nsection 662(f) (2), and interest, but excluding public assistance\nbenefits paid pursuant to the social services law and federal\nsupplemental security income.\n 7. "Default" means the failure of a debtor to remit to a creditor\nthree payments on the date due in the full amount directed by the order\nof support, or the accumulation of arrears equal to or greater than the\namount directed to be paid for one month, whichever first occurs.\n 8. "Mistake of fact" means an error in the amount of current support\nor arrears or in the identity of the debtor or that the order of support\ndoes not exist or has been vacated.\n 9. "Support collection unit" means any support collection unit\nestablished by a social services district pursuant to the provisions of\nsection one hundred eleven-h of the social services law.\n 10. "Date of withholding" means the date on which the income would\notherwise have been paid or made available to the debtor were it not\nwithheld by the employer or income payor.\n 11. "Health insurance benefits" means any medical, dental, optical and\nprescription drugs and health care services or other health care\nbenefits which may be provided for dependents through an employer or\norganization, including such employers or organizations which are\nself-insured.\n 12. "Business day" means a day on which state offices are open for\nregular business.\n 13. "Issuer" means a support collection unit, sheriff, the clerk of\ncourt, or the attorney for the creditor.\n (b) Issuance. (1) When a debtor is in default, an execution for\nsupport enforcement may be issued by the support collection unit, or by\nthe sheriff, the clerk of court or the attorney for the creditor as an\nofficer of the court. Where a debtor is receiving or will receive\nincome, an execution for deductions therefrom in amounts not to exceed\nthe limits set forth in subdivision (g) of this section may be served\nupon an employer or income payor after notice to the debtor. The amount\nof the deductions to be withheld shall be sufficient to ensure\ncomplianc
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.