§ 5242. Income deduction order for support enforcement. (a) Upon\napplication of a creditor, for good cause shown, and upon such terms as\njustice may require, the court may correct any defect, irregularity,\nerror or omission in an income execution for support enforcement issued\npursuant to section 5241 of this article.\n (b) Upon application of a creditor, for good cause shown, the court\nmay enter an income deduction order for support enforcement. In\ndetermining good cause, the court may take into consideration evidence\nof the degree of such debtor's past financial responsibility, credit\nreferences, credit history, and any other matter the court considers\nrelevant in determining the likelihood of payment in accordance with the\norder of support. Proof of default establishes a prima facie case\nagainst the debtor, which can be overcome only by proof of the debtor's\ninability to make the payments. Unless the prima facie case is overcome,\nthe court shall enter an income deduction order for support enforcement\npursuant to this section.\n (c) When the court enters an order of support on behalf of persons\nother than those in receipt of public assistance or in receipt of\nservices pursuant to section one hundred eleven-g of the social services\nlaw, or registers pursuant to article five-B of the family court act an\norder of support which has been issued by a foreign jurisdiction and\nwhich is not to be enforced pursuant to title six-A of article three of\nthe social services law, where the court determines that the debtor has\nincome that could be subject to an income deduction order, the court\nshall issue an income deduction order to obtain payment of the order at\nthe same time it issues or registers the order. The court shall enter\nthe income deduction order unless the court finds and sets forth in\nwriting (i) the reasons that there is good cause not to require\nimmediate income withholding; or (ii) that an agreement providing for an\nalternative arrangement has been reached between the parties. Such\nagreement may include a written agreement or an oral stipulation, made\non the record, that results in a written order. For purposes of this\nsubdivision, good cause shall mean substantial harm to the debtor. The\nabsence of an arrearage or the mere issuance of an income deduction\norder shall not constitute good cause. When the court determines that\nthere is good cause not to issue an income deduction order immediately\nor when the parties agree to an alternative arrangement as provided in\nthis subdivision, the court shall state expressly in the order of\nsupport the basis for its decision.\n (d) In entering the income deduction order, the court shall use the\nform for income withholding promulgated by the office of temporary and\ndisability assistance for this purpose, which form shall include the\nnecessary information and directions to ensure the characterization of\nthe income deduction order as an income withholding notice as described\nand required by subsection (b) of section six hundred sixty-six of title\nforty-two of the United States Code; provided, however, that where the\ncourt enters an order for spousal support only, an alternate spousal\nsupport form for income withholding promulgated by the office of\ntemporary and disability assistance may be used but is not required. The\ncourt shall serve or cause to be served a copy of the income deduction\norder on the employer or income payor and transmit copies of such order\nto the parties; and, in addition, where the income deduction order is\nfor child support or combined child and spousal support, to the state\ndisbursement unit established in this state in accordance with section\nsix hundred fifty-four-b of title forty-two of the United States Code.\n (e) An employer or income payor served with an income deduction order\nentered pursuant to this section shall commence deductions from the\nincome due or thereafter due to the debtor no later than the
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