New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 5 - Article 5B - Family Court

ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION

Section Description
580-501 Employer's receipt of income withholding order of another state.
580-502 Employer's compliance with income withholding order of another state.
580-503 Compliance with multiple income withholding orders.
580-504 Immunity from civil liability.
580-505 Penalties for noncompliance.
580-506 Contest by obligor.
580-507 Administrative enforcement of orders.
  S 580-501. Employer's receipt of income withholding order of another
  state. An income withholding order issued in another state may  be  sent
  by or on behalf of the obligee, or by the support enforcement agency, to
  the  person  defined  as  the  obligor's  employer or income payor under
  section five thousand two hundred forty-one of the  civil  practice  law
  and rules or other debtor (for purposes of this part and section 580-605
  of  this  article,  employer  shall  also  include income payor or other
  debtor) without first  filing  a  petition  or  comparable  pleading  or
  registering the order with a tribunal of this state.

  S 580-502. Employer's  compliance  with  income withholding order of
  another state. (a) Upon receipt of  an  income  withholding  order,  the
  obligor's  employer shall immediately provide a copy of the order to the
  obligor.
    (b) The employer shall treat an income  withholding  order  issued  in
  another state which appears regular on its face as if it had been issued
  by a tribunal of this state.
    (c)  Except  as  otherwise provided in subdivision (d) of this section
  and section 580-503 of  this  part,  the  employer  shall  withhold  and
  distribute  the  funds as directed in the withholding order by complying
  with terms of the order which specify:
    (1) the duration and amount of  periodic  payments  of  current  child
  support, stated as a sum certain;
    (2) the person designated to receive payments and the address to which
  the payments are to be forwarded;
    (3)  medical  support,  whether  in the form of periodic cash payment,
  stated as a sum certain, or  ordering  the  obligor  to  provide  health
  insurance  coverage  for  the child under a policy available through the
  obligor's employment;
    (4) the amount of periodic payments of fees and costs  for  a  support
  enforcement  agency,  the  issuing  tribunal and the obligee's attorney,
  stated as sums certain; and
    (5) the amount of periodic payments  of  arrearages  and  interest  on
  arrearages, stated as sums certain.
    (d)  An  employer  shall  comply  with  the  law  of  the state of the
  obligor's principal place of employment for withholding from income with
  respect to:
    (1) the employer's fee for processing an income withholding order;
    (2) the maximum amount permitted to be  withheld  from  the  obligor's
  income; and
    (3) the times within which the employer must implement the withholding
  order and forward the child support payment.

  S 580-503. Compliance with multiple income withholding orders. If an
  obligor's employer receives two or more income withholding  orders  with
  respect  to the earnings of the same obligor, the employer satisfies the
  terms of the orders if the employer complies with the law of  the  state
  of  the  obligor's  principal  place  of  employment  to  establish  the
  priorities for withholding and allocating income  withheld  for  two  or
  more child support obligees.

  S 580-504. Immunity  from civil liability. An employer that complies
  with an income withholding order issued in another state  in  accordance
  with  this  part  is  not subject to civil liability to an individual or
  agency with regard to the employer's withholding of child  support  from
  the obligor's income.

  S 580-505. Penalties  for  noncompliance. An employer that willfully
  fails to comply with an income withholding order issued in another state
  and received for enforcement is subject to the same penalties  that  may
  be  imposed for noncompliance with an order issued by a tribunal of this
  state.

  S 580-506. Contest by obligor. (a) An obligor may contest the validity
  or  enforcement  of  an income withholding order issued in another state
  and received directly by an employer in this state  by  registering  the
  order  in a tribunal of this state and filing a contest to that order as
  provided in part six of this article, or otherwise contesting the  order
  in the same manner as if the order had been issued by a tribunal of this
  state.
    (b) The obligor shall give notice of the contest to:
    (1) a support enforcement agency providing services to the obligee;
    (2)  each  employer  that  has directly received an income withholding
  order relating to the obligor; and
    (3)  the  person  designated  to  receive  payments  in   the   income
  withholding order or, if no person is designated, to the obligee.

  S 580-507. Administrative  enforcement  of  orders.  (a)  A party or
  support enforcement agency seeking to enforce  a  support  order  or  an
  income  withholding order, or both, issued in another state or a foreign
  support order may send the documents required for registering the  order
  to a support enforcement agency of this state.
    (b)  Upon  receipt  of  the documents, the support enforcement agency,
  without initially seeking to register the order, shall consider and,  if
  appropriate,  use  any administrative procedure authorized by the law of
  this state to enforce a support order or an income withholding order, or
  both. If the obligor does not contest  administrative  enforcement,  the
  order  need  not  be registered. If the obligor contests the validity or
  administrative enforcement of the order, the support enforcement  agency
  shall register the order pursuant to this article.

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