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Date: July 21, 2009
Bulletin Number: 912
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Subject

Processing Change for Support Order Arrears

Purpose

To notify agencies of changes to the processing of support order arrears.

Affected Employees

Employees who currently have active arrears for a single petitioner and whose deductions are paid to counties through the NYS Processing Units. Affected employees have been notified of the changes from the appropriate county Support Units.

Effective
Date
(s)

Institution paychecks dated July 30, 2009 and Administration paychecks dated August 5, 2009.

Background

Per revisions to Civil Practice Law and Rules (CPLR) §5241, effective February 6, 2009, the 40% withholding cap for the calculation of arrears for single petitioners has been repealed.  The calculation of arrears is now based on the Consumer Credit Protection Act (CCPA). Deductions for employees with arrears that accrued more than twelve (12) weeks will be calculated with the cap of 65% of disposable earnings.  Deductions for employees with arrears that accrued twelve (12) or fewer weeks will be calculated with the cap of 60% of disposable earnings.

OSC Actions

OSC will update the Garnishment Spec panels in PayServ to reflect this change. Garn Spec 1 also will be updated with the following remark: Per revisions to CPLR §5241, the 40% withholding cap for the calculation of arrears for single petitioners has been repealed. The calculations of arrears are now based on the Consumer Credit Protection Act (CCPA).

Agency Actions

Employee inquires should be referred to the NYS Support Collection Processing hotline at 888-208-4485.

Questions

Questions regarding this bulletin may be directed to the Payroll Deduction mailbox.