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SAMPLE INCOME EXECUTION FOR SUPPORT ENFORCEMENT PURSUANT TO CPLR § 5241 (FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

SUPREME COURT OF THE STATE OF

NEW YORK : COUNTY OF ____________

——————————————————–x

_____________________,

 

Plaintiff,

INCOME EXECUTION FOR

called the Creditor, against                             SUPPORT ENFORCEMENT

PURSUANT TO CPLR § 5241

_____________________,

Index No. __________

Defendant,

called the Debtor,

——————————————————–x

THE PEOPLE OF THE STATE OF NEW YORK

TO:      __________________

GREETING:

 

An order of support was duly entered on _________________, by the Supreme Court, County of Suffolk, in favor of _____________, creditor, and against _______________, debtor, directing the debtor to pay to the creditor the sum of $____________ per month for child support.  Annexed hereto as Exhibit A is a true and correct copy of the Order of the Honorable ______________, granted ___________________.

 

The payments are now in arrears in the sum of $____________ in that the debtor has defaulted in making the payments as follows:

 

_________ payments for _________ through __________                           $______

Minus payments made                                                                                   $  ______

Total                                                                                                               $________

The name and address of the employer from whom the debtor is receiving income is:

 

_____________________

 

The amount of deductions to be made from the income on account of current support is $__________ per month representing 60% of the Debtor’s monthly __________ payment.

 

The amount of deductions to be made from the income to be applied to the reduction of arrears is $________ per month representing 5% of the Debtor’s monthly disability pension payment.

 

NOTICE TO DEBTOR:

The aforesaid deductions will apply to current and subsequent income. This execution will be served upon any current or subsequent employer or income payor unless a mistake of fact is shown within fifteen (15) days.

 

Where the execution is issued by the sheriff, clerk of court, or an attorney, the debtor may assert a mistake of fact within fifteen (15) days from service of a copy of this execution by application to the Supreme Court or to the Family Court. If the application is made to the Family Court, it shall be heard and determined in accordance with the provisions of Section 439 of the Family Court Act, and a determination thereof shall be made and the debtor notified thereof within 45 days of the application. If the debtor claims a mistake of fact, a determination will be made within 45 days after notice to the debtor and the debtor will receive written notice whether the execution will be served and of the time that deductions will begin.

 

NOTICE TO PAYOR:

 

The employer or must commence deductions no later than the first pay period that occurs after fourteen (14) days following the service of this execution and payment must be remitted to the creditor within ten (10) days of the date that the debtor is paid. Failure to comply may result in the Payor’s liability to the Creditor for accrued deductions, interest and reasonable counsel fees.

 

This execution is binding until further notice.

CPLR § 5252 of the provides as follows

Discrimination against employees and prospective employees based upon wage assignment or income execution.

 

  1. 1.    No employer shall discharge, lay off, or discipline an employee or refuse to hire a prospective employee because one or more wage assignments or income executions have been served upon such employer or a former employer against the employee’s or prospective employee’s wages or because of the pendency of any action or judgment against the employee or prospective employee for nonpayment of any alleged contractual obligation.

 

  1. 2.    Any employee or prospective employee may institute a civil action for damages for wages lost as a result of a violation of this section within ninety days after such violation, Damages recoverable shall not exceed lost wages for six weeks and in such action the court also may order the reinstatement of such discharged employee or the hiring of such prospective employee. Except as provided for in subdivision (g) of section fifty-two hundred and forty-one, not more than ten per centum of the damages recovered in such action shall be subject to any claims, attachments, or executions by any creditors, judgment creditors or assignees of such employee or prospective employee. A violation of this section may also be punished as a contempt of court pursuant to the provisions of section seven hundred fifty-three of the judiciary law.

 

A violation of that CPLR § 5252 is punishable as a contempt of court by fine or imprisonment or both.

 

Limitations on the Amount that can be Withheld

 

Where the income is compensation paid or payable to the debtor for personal services, the amount of the deductions to be withheld shall not exceed the following:

 

1.         Where the debtor is currently supporting a spouse or dependent child other than the creditor, the amount of the deductions to be withheld shall not exceed fifty percent (50%) of the earnings of the debtor remaining after the deduction therefrom of any amounts required by law to be withheld (“disposable earnings”), except that if any part of such deduction is to be applied to the reduction of arrears which shall have accrued more than twelve (12) weeks prior to the beginning of the week for which such earnings are payable, the amount of such deduction shall not exceed fifty-five percent (55%) of disposable earnings.

 

2.         Where a debtor is not currently supporting a spouse or dependent child other than the creditor, the amount of the deductions to be withheld shall not exceed sixty percent (60%) of the earnings of the debtor remaining after the deduction therefrom of any amounts required by law to be withheld (“disposable earnings”), except that if any part of such deduction is to be applied to the reduction of arrears which shall have accrued more than twelve (12) weeks prior to the beginning of the week for which such earnings are payable, the amount of such deduction shall not exceed sixty-five percent (65%) of disposable earnings.

 

An Employer must notify the issuer promptly when the debtor terminates employment and the debtor’s last address and the name and address of the new employer, if known.

 

ISSUED BY:                                       ________________________________

____________________

By: ________________ Esq.

Attorneys for Creditor

_________________

Dated: ______________                    _________________, New York

 

 

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

 

 

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