Legal Question in Family Law in New York

Re: arrears in child support post divorce

The answer to the first part of your question is yes. Under CPLR 5231,

(a) Form. An income execution shall specify, in addition to the requirements of subdivision (a) of section 5230, the name and address of the person from whom the judgment debtor is receiving or will receive money; the amount of money, the frequency of its payment and the amount of the installments to be collected therefrom; and shall contain a notice to the judgment debtor that he shall commence payment of the installments specified to the sheriff forthwith and that, upon his default, the execution will be served upon the person from whom he is receiving or will receive money.

Since an independent contractor receives money from an employer, the employer is subject to an income execution notice.

In terms of the second part of your question, you have to read subdivision (d),

(d) Service upon debtor. Within twenty days after an income execution is delivered to the sheriff, the sheriff shall serve a copy of it upon the judgment debtor, in the same manner as a summons or, in lieu thereof, by certified mail return receipt requested provided an additional copy is sent by regular mail to the debtor. If service is by mail as herein provided, the person effecting service shall retain the receipt together with a post office certificate of mailing as proof of such service.

Therefore, the sheriff will help you with the accuracy of the execution notice.

Mike.