Form 4-8a - Income Execution Clerk Of Court (Page 2 of 3) in pdf

Form 4-8a page 2

Attached to this Income Execution Order is a NOTICE TO EMPLOYER OR INCOME PAYOR

which is incorporated by reference and enforceable as if it is a part of this Order.

Dated:

Clerk of the Family Court

of the State of New York

County of

Office and P.O. Address

Telephone Number

NOTICE TO CREDITOR

A copy of this Income Execution must be served upon the debtor by regular mail at the last known

residence of said debtor, or such other place as the debtor is likely to receive notice, or in the same

manner as a summons may be served.

You are also responsible for serving a copy of this Income Execution upon the employer or income

payor 15 days after the date of service upon the debtor unless the debtor has asserted a mistake of fact

as defined in C.P.L.R.5241.

NOTICE TO DEBTOR

Service of a copy of this Income Execution must be made upon you by the creditor by regular mail

at your last known residence, or such other place as you are likely to receive notice, or in the same

manner as a summons may be served.

NOTICE TO EMPLOYER OR INCOME PAYOR

TIMING, AMOUNT AND REMITTING OF DEDUCTIONS: Pursuant to the Civil Practice Law

and Rules 5241, deductions must commence no later than the first pay period that occurs 14 days following

the service of the Income Execution upon the employer or income payor, and payment must be sent within

7 business days of the date the debtor is paid. Each payment shall include the identity and social security

number of the debtor and the date and amount of each withholding of the debtor's income included in the

payment. “Date of withholding” means the date on which the income would otherwise have been paid or

made available to the debtor were it not withheld by the employer or income payor.

Deductions from income shall not exceed the following: Where a 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 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 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 of disposable earnings.

Form 4-8a - Income Execution Clerk Of Court Page 2