What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to noncompliance of an employer or income payor with income execution orders
In Assembly Committee · Judiciary · Sponsor Al Graf
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4254
Title of bill
An act to amend the civil practice law and rules, in relation to noncompliance with an income execution order
Purpose or general idea of bill
This bill provides for notice to be served on the employer of a parent who is directed to make child support payments by an order of support ("the debtor"). Notice shall be served each time the employer fails to withhold the pre-determined amount from the paycheck of the debtor. Following the receipt of each notice, the employer will be charged with a penalty for failure to withhold.
Summary of provisions
Section One amends paragraph 1 of subdivision (g) of section 5241 of the civil practice law and rules, as amended by chapter 398 of the laws of 1997, adding subsection (B) which requires an employer or income payer who has been served with an income execution shall be served with a notice of failure to withhold income from the debtor. This notice will include the date payment was due, the date that the notice was served, whether it was a first or subsequent offense and the penalties owed.
Section Two provides that the penalties imposed by that section are imposed and aggregated each time notice is given to the employer and the employer fails to withhold the income from the debtor.
Section Three is the effective date.
Justification
Income executions are a helpful tool in collecting delinquent child support payments. An income execution requires the employer to withhold payments from the debtor's paycheck. When an employer fails to comply with the income execution, they are subject to a penalty of $500 for the first instance and $1,000 for each subsequent instance. The law as written fails to describe what constitutes an instance. Without a statutory definition of what an "instance" means in this situation, courts could only hold the employer responsible for the initial $500 penalty, even if their noncompliance spanned several pay periods. This legislation establishes guidelines for what shall constitute an instance by providing that the employer will be served with a notice each time they do not withhold deductions and that each time they are served with such a notice and do not comply, this shall constitute an instance for the purposes of assessing penalties.
Legislative history
2012 - A.7944
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.