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Training For New York Garnishment Law Requirements

Training For New York Garnishment Law Requirements

New York Wage Garnishment RulesWhat Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt.

The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Employer Guidelines For Handling Garnishments

Employers generally have to notify the debtor in writing that a wage garnishment is about to start before making a garnishment and sending payments to the creditor. The wage garnishment then typically continues until the debts are paid off or otherwise resolved. Employers are required to provide employees with a copy of garnishment paperwork.

New York Wage Garnishment Rules

Employers should be aware that there are two general types of garnishments, one for child support and one for creditors (commonly referred to as "levies").

Re child support orders, the maximum amount that can be withheld runs between 50 (if the employee is supporting another spouse and/or children) and 65% (if the employee is not supporting another spouse and/or children and is at least 12 weeks in arrears in making support payments).

Re levies, though New York calls its wage garnishment process "income execution", it follows federal wage garnishment guidelines, including the "25-30" rule.
  • The "25 Rule"
    The wage garnishment order cannot take more 25% of the employee's "disposable earnings"
  • The "30 Rule"
    The wage garnishment order can only take amounts over 30 times the federal minimum wage
Employers in states using the "25-30" rule should note that the wage garnishment cannot exceed the lesser of the two options.

Here are some of the items that can be the cause of a wage garnishment in New York:
  • Past-due child support, alimony, or spousal support
  • Federal and state fines and income taxes arrearages
  • State property taxes
  • Non-paid student loans
Failure to pay court-ordered payments for spousal or child support is a common reason for garnishment. In these cases, the law allows for as much as 50% of one's wages to be garnished.

About Child Support Garnishments

With regard to child support garnishments, all states are required to use the "Order/Notice To Withhold Income For Child Support" notice for Child Support. This notice is designed to provide employers with key information so that they do not have to decipher unfamiliar orders/notices from different states. Click here for details on this notice, and see below for suggested steps to process this notice.

Suggested Steps To Process The Income-Withholding Order/Notice

Upon receipt of the Order/Notice to Withhold Income for Child Support, the employer should:
  • Document the date of receipt
  • Determine if the order is "regular on its face" (that is, it appears to be an authentic and complete legal document)
  • Provide a copy of the Order/Notice to the employee if it has been issued by another state, and
  • Follow the terms of the order

Employers should note that they cannot contest the income-withholding order; however, the employer should contact the issuing agency if unable to implement the withholding either because the individual named in the order is not an employee or a withholding is already in place for the child and employee. Additionally, employers should note that states often have varying garnishment rules, so they should be sure to know the payroll wage garnishments rules for the state(s) in which it does business.

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Contact Info For New York Garnishments Law

518-485-6654






References and Disclaimers

This information is based on a variety of state laws and regulations, and is subject to change. The PayrollTrainingCenter makes every effort to make sure this information is current and accurate, however, the PayrollTrainingCenter is not engaged in rendering legal or professional advice and shall not be held responsible for any inaccuracies contained herein.

https://www.garnishmentlaws.org/new-york-garnishment-laws/
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