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Summary of differences between federal and state regulations
The state of New York has several laws which address garnishment of wages, and provision of health care to dependent minors.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Civil Practice Law and Rules, Article 52, S 5230. Executions.
(b) Issuance. Where a judgment debtor is receiving or will receive money from any source, an income execution for installments therefrom of not more than ten percent thereof may be issued and delivered to the sheriff of the county in which the judgment debtor resides or, where the judgment debtor is a non-resident, the county in which he is employed; provided, however, that
(b)(i) no amount shall be withheld from the judgment debtor's earnings pursuant to an income execution for any week unless the disposable earnings of the judgment debtor for that week exceed thirty times the federal minimum hourly wage prescribed in the Fair Labor Standards Act of 1938 as in effect at the time the earnings are payable;
(b)(ii) the amount withheld from the judgment debtor's earnings pursuant to an income execution for any week shall not exceed twenty-five percent of the disposable earnings of the judgment debtor for that week, or, the amount by which the disposable earnings of the judgment debtor for that week exceed thirty times the federal minimum hourly wage prescribed by the Fair Labor Standards Act of 1938 as in effect at the time the earnings are payable, whichever is less;
(b)(iii) if the earnings of the judgment debtor are also subject to deductions for alimony, support or maintenance for family members or former spouses pursuant to section five thousand two hundred forty-one or section five thousand two hundred forty-two of this article, the amount withheld from the judgment debtor's earnings pursuant to this section shall not exceed the amount by which twenty-five percent of the disposable earnings of the judgment debtor for that week exceeds the amount deducted from the judgment debtor's earnings in accordance with section five thousand two hundred forty-one or section five thousand two hundred forty-two of this article. Nothing in this section shall be construed to modify, abrogate, impair, or affect any exemption from the satisfaction of a money judgment otherwise granted by law.
Civil Practice Law and Rules, Article 52, S 5241. Income execution for support enforcement.
Any inconsistent provisions of this title or other law notwithstanding, in any case in which a parent is required by a court order to provide health coverage for a child and the parent is eligible for health insurance benefits as defined in this section through an employer or organization, including those which are self-insured, doing business in the state, such employer or organization must, in addition to implementing the provisions of a medical support execution:
(i) permit such parent to immediately enroll under such health insurance benefit coverage any such dependent who is otherwise eligible for such coverage without regard to any seasonal enrollment restrictions;
(ii) if such a parent is enrolled but fails to make application to obtain coverage of such dependent child, immediately enroll such dependent child under such health benefit coverage upon application by such child's other parent or by the department or social services district furnishing medical assistance to such child, and
(iii) not disenroll, or eliminate coverage of, such a child unless:
(iii)(A) the employer or organization is provided with satisfactory written evidence that such court order is no longer in effect, or the child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of such disenrollment, or
(iii)(B) such employer or organization has eliminated health insurance coverage for all similarly situated employees.
Civil Practice Law and Rules, Article 52, S 5241. Income execution for support enforcement.
(x) a notice that when an employer receives an income withholding instrument issued by another state, the employer shall apply the income withholding law of the state of the debtor's principal place of employment in determining:
(x)(A) the employer's fee for processing income withholding;
(x)(B) the maximum amount permitted to be withheld from the debtor's income;
(x)(C) the time periods within which the employer must implement the income withholding and forward the child support payment;
(x)(D) the priorities for withholding and allocating income withheld for multiple child support creditors; and
(x)(E) any withholding terms or conditions not specified in the withholding instrument;
Civil Practice Law and Rules, Article 52, S 5252. Discrimination against employees and prospective employees based upon wage assignment or income execution.
(1) No employer shall discharge, lay off, refuse to promote, or discipline an employee, or refuse to hire a prospective employee, because one or more wage assignments or income executions have been served upon such employer or
(1)(a) former employer against the employee's or prospective employee's wages or because of the pendency of any action or judgment against such employee or prospective employee for nonpayment of any alleged contractual obligation.
Personal Property Law, Article 3-A, Assignment of Earnings, S 48-b. Amount of exempt earnings
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.