N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.9 - Enforcement of support obligations and issuance of income withholding orders
For any child support or combined child and spousal support court order issued under the provisions of section 236 or 240 of the Domestic Relations Law, or article 4, 5, 5-A or 5-B of the Family Court Act, which directs payments to the Support Collection Unit (SCU), the local child support enforcement unit through its SCU, must:
For any child support or combined child and spousal support court order issued prior to November 1, 1990, the local child support enforcement unit, through its support collection unit (SCU), must maintain an effective system for identifying those debtors who become delinquent in meeting their court-ordered support obligation(s). The following action must be taken against those respondents who have been identified as being delinquent:
The child support enforcement unit, in addition to following the procedures set forth in subdivisions (a) and (b) of this section, must employ all appropriate statutory support enforcement remedies, within 30 calendar days of identifying a failure to comply with the support provisions of the order, or of locating the absent parent, whichever occurs later. Every petition to find the noncustodial parent in violation or motion to hold a noncustodial parent in contempt of an order to pay child support shall provide clear notice to the noncustodial parent that his or her inability to pay child support as ordered by the court is a defense to a finding of willful violation or contempt. If service of process is necessary prior to initiating an enforcement action, such service must be completed and enforcement action taken or the child support enforcement unit must document in the automated case record unsuccessful diligent efforts to serve process, as defined in section 347.7 of this Part, no later than 60 calendar days after identifying a failure to comply with the support provisions of the order or of locating the absent parent, whichever occurs later.
Upon request of the debtor, the SCU must issue an income withholding order pursuant to subdivision (a) of this section. Upon receipt of a written revocation of the debtor's request for an income withholding order, the SCU must notify the employer or income payor that the income withholding order is no longer effective.
Notes
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