Income Execution (Page 2 of 2) in pdf

Income Execution Page 2

Further, the amount withheld from the judgment debtor's earnings for any week

may not exceed 25% of the judgment debtor's disposable earnings for that week

or the amount by which the disposable earnings of the judgment debtor for that

week exceed thirty (30) times the federal minimum hourly wage in effect at the

time the earnings are payable, whichever is less. Where the earnings of the

judgment debtor are also subject to deduction for alimony, support or

maintenance for family members pursuant to CPLR §5241 or §5242, the amount

withheld pursuant to the income execution may not exceed the amount by which

25% of the disposable earnings of the judgment debtor for that week exceeds the

amount deducted from the judgment debtor's earnings, in accordance with CPLR

§5241 and §5242.

Please refer to the following chart and CPLR §5231 to determine the proper

amount to withhold in an income execution:

Where Disposable

Amount to Deduct:

Income is:

30 times federal minimum

No deduction

wage or less

More than 30 times and

The lesser of the excess of 30

less than 40 times federal

times the federal minimum

minimum wage

wage in disposable earnings

or 10% of gross earnings

40 times the federal

The lesser of 25% of

minimum wage or more

disposable earnings or 10% of

gross earnings

A judgment creditor or debtor may move the civil court for an order modifying an

income execution.

Income Execution Page 2