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

Form 4-8a page 3

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 of the earnings of the debtor

remaining after the deductions 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 sixty-five percent of disposable earnings.

An employer who receives an income execution issued by another state shall apply the income

withholding law of the state of the debtor's principal place of employment in determining the above

specifications concerning timing, amount and remitting of deductions.

FAILURE TO DEDUCT OR REMIT PAYMENTS: An employer or income payor served with an

income execution who fails to deduct the amount specified shall be liable to the creditor, who may

commence a proceeding against the employer or income payor for any accrued deductions, together with

interest and reasonable attorney's fees.

Upon an employer's failure to remit any amounts deducted

pursuant to this income execution, either the creditor or the debtor may commence a proceeding against

the employer or income payor for accrued deductions, and reasonable attorney's fees.

Additionally, upon a finding by the Family Court that the employer or income payor failed to deduct

or remit deductions as specified in the income execution, the court shall issue an order directing

compliance, and may direct the employer or income payor to pay a fine, to be paid to the creditor, of up

to $500.00 for the first such failure and $1,000.00 for each subsequent failure to deduct or remit.

DISCHARGE, LAYOFF, DISCIPLINING, REFUSAL TO PROMOTE OR REFUSAL TO

HIRE BECAUSE OF THE EXISTENCE OF ONE OR MORE INCOME DEDUCTION

ORDERS: Pursuant to Section 5252 of the Civil Practice Law and Rules, where an employer

discharges, lays off, refuses to promote, or disciplines an employee, or refuses to hire a prospective

employee, because of the existence of one or more income executions and/or income deduction orders,

the court may direct the employer to pay a fine, to be paid to the creditor, of up to $500.00 for the first

and $1,000.00 for each subsequent instance of employer or income payor discrimination.

FURTHER: An employer must notify the creditor and issuer promptly when the debtor

terminates employment and must provide the debtor's last address and the name and address of the

debtor's new employer, if known.

An employer who complies with an income withholding notice that is regular on its face shall not be

subject to civil liability to any individual or agency for conduct in compliance with the notice.

Form 4-8a - Income Execution Clerk Of Court Page 3