New York A 4634: Relates to noncompliance of an employer or income payor with income execution orders

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A04634 Summary:

BILL NOA04634 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSempolinski

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §5241, CPLR

&nbsp

Relates to noncompliance of an employer or income payor with income execution orders; allows child support unit to count each failure to remit payment as an instance of noncompliance.

Go to top A04634 Actions:

BILL NOA04634 

&nbsp

02/04/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA04634 Committee&nbspVotes:

Go to topA04634 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04634 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4634

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. SEMPOLINSKI -- read once and referred 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:

 1 Section 1. Paragraph 1 of subdivision (g) of section 5241 of the civil
 2 practice law and rules, as amended by chapter 270 of the laws of 2013,
 3 is amended to read as follows:
 4 (1) (A) An employer or income payor served with an income execution
 5 shall commence deductions from income due or thereafter due to the
 6 debtor no later than the first pay period that occurs fourteen days
 7 after service of the execution, and shall remit payments within seven
 8 business days of the date that the debtor is paid. Each payment remitted
 9 by an employer or income payor shall include the information as
 10 instructed on the income execution and shall be payable to and remitted
 11 to the state disbursement unit established in this state in accordance
 12 with section six hundred fifty-four-b of title forty-two of the United
 13 States Code unless the income execution is for spousal support only, in
 14 which case the payments shall be payable to and remitted to the credi-
 15 tor. If the money due to the debtor consists of salary or wages and [his
 16 or her] their employment is terminated by resignation or dismissal at
 17 any time after service of the execution, the levy shall thereafter be
 18 ineffective, and the execution shall be returned, unless the debtor is
 19 reinstated or re-employed within ninety days after such termination. An
 20 employer must notify the issuer promptly when the debtor terminates
 21 employment and provide the debtor's last address and name and address of
 22 the new employer, if known. An income payor must notify the issuer
 23 promptly when the debtor no longer receives income and must provide the
 24 debtor's last address and the name and address of the debtor's new
 25 employer, if known. Where the income is compensation paid or payable to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08125-01-5

 A. 4634 2

 1 the debtor for personal services, the amount of the deductions to be
 2 withheld shall not exceed the following:
 3 (i) Where a debtor is currently supporting a spouse or dependent child
 4 other than the creditor, the amount of the deductions to be withheld
 5 shall not exceed fifty percent of the earnings of the debtor remaining
 6 after the deduction therefrom of any amounts required by law to be with-
 7 held ("disposable earnings"), except that if any part of such deduction
 8 is to be applied to the reduction of arrears which shall have accrued
 9 more than twelve weeks prior to the beginning of the week for which such
 10 earnings are payable, the amount of such deduction shall not exceed
 11 fifty-five percent of disposable earnings.
 12 (ii) Where a debtor is not currently supporting a spouse or dependent
 13 child other than the creditor, the amount of the deductions to be with-
 14 held shall not exceed sixty percent of the earnings of the debtor
 15 remaining after the deduction therefrom of any amounts required by law
 16 to be withheld ("disposable earnings"), except that if any part of such
 17 deduction is to be applied to the reduction of arrears which shall have
 18 accrued more than twelve weeks prior to the beginning of the week for
 19 which such earnings are