Family Court Law
New York State Consolidated Laws
A comprehensive on-line digest of NY's FCA code
Part 5 - Article 5B - Family Court
ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
||Employer's receipt of income withholding order of another state.
||Employer's compliance with income withholding order of another state.
||Compliance with multiple income withholding orders.
||Immunity from civil liability.
||Penalties for noncompliance.
||Contest by obligor.
||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
(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
(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
(1) the employer's fee for processing an income withholding order;
(2) the maximum amount permitted to be withheld from the obligor's
(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
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
(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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