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Income Withholding For Support (Non-IV-D) Child Support-Combined Child And Spousal LDSS-5039 - New York

Income Withholding For Support (Non-IV-D) Child Support-Combined Child And Spousal Form. This is a New York form and can be used in Matrimonial (Divorce) Supreme Court Statewide .
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LDSS-5039 (4/14) INCOME WITHHOLDING FOR SUPPORT: GENERAL INFORMATION AND INSTRUCTIONS When is income withholding required? When the Court issues an order of support, the Court must in every case order immediate income withholding unless: a. it is a "IV-D case" where child support services (including income withholding) are being applied for, or provided through, the child support program (commonly referred to as the "IV-D" program since it is authorized by Title IV-D of the federal Social Security Act) by a local district Support Collection Unit; OR b. the Court finds and sets forth in writing: (1) the reasons why there is good cause not to require immediate income withholding; or (2) an agreement providing for an alternative arrangement has been reached between the parties. See Domestic Relations Law § 240(2)(b)(2), Family Court Act § 440(1)(b)(2), and CPLR § 5242(c). Where income withholding is required, the Court shall direct that the support be paid by automatically deducting moneys from the obligor's income through the use of an Income Withholding Order (hereinafter "IWO"). What is a "Non-IV-D Services" case? A Non-IV-D Services case is a case for which a court has determined that income withholding for support is required by law or otherwise appropriate and neither the employee/obligor nor the custodial party/obligee has applied for, or is receiving, child support services through their local Support Collection Unit. A Non-IV-D case can include an order covering child support alone or it may include an order of support for both a child and the custodial parent. Income withholding for a Non-IV-D Services case must go through the NYS Child Support Processing Center (SDU). When will I receive the New York Case Identifier for my Non-IV-D Services case? A New York Case Identifier will be assigned by the NYS Child Support Processing Center (SDU) to a Non-IV-D Services case upon receipt of both Part A and Part B of the LDSS-5037 (Non-IV-D IWO). It is the responsibility of the issuer of the IWO to serve the NYS Child Support Processing Center (SDU) with both Part A and Part B of the LDSS-5037. Upon receipt of both Part A and Part B of the LDSS-5037, the employer/income withholder, custodial party/obligee, and the employee/obligor will receive notice of the New York Case Identifier assigned to the Non-IV-D Services case. 1 American LegalNet, Inc. www.FormsWorkFlow.com What is a "Spousal Support Only" case? A Spousal Support Only case is a case that has no child support ordered. How do I complete the IWO? Follow the field-by-field instructions below to properly complete the LDSS-5037 (Non-IV-D IWO) and the LDSS-5038 (Spousal Support Only IWO). Use the instructions with the Numbered Reference Tools found on Pages 8 - 19. The person making the payment is the employee/obligor (or debtor). The person receiving the payment is the custodial party/obligee (or creditor). Note: If you wish to apply for child support services at this time, or you are already receiving services, DO NOT fill out this IWO; an IWO will be prepared and sent by the Support Collection Unit on your behalf. Part A: Field 1: Check the appropriate box to indicate the court that issued the underlying support order to which this IWO relates. Provide the name of the county in which that court is located. Provide the Index number of your Supreme Court divorce action or the Docket number of your Family Court case. Provide the employee's/obligor's name (last, first, middle). Provide the mailing address of the employee/obligor including the street, PO Box, city, state, and zip code. Note: This field is not applicable to Spousal Support Only IWOs and has been omitted from Part A of the LDSS-5038. Provide the Social Security number or other taxpayer identification number of the employee/obligor. Provide the birth date for the employee/obligor. Provide the custodial party/obligee's name (last, first, middle). Provide the mailing address of the custodial party/obligee including the street, PO Box, city, state, and zip code. Provide the Social Security number or other taxpayer identification number of the custodial party/obligee. Note: This field is not applicable to Spousal Support Only IWOs and has been omitted from Part A of the LDSS-5038. Provide the birth date for the custodial party/obligee. Note: This field is not applicable to Spousal Support Only IWOs and has been omitted from Part A of the LDSS-5038. Field 2: Field 3: Field 4: Field 5: Field 6: Field 7: Field 8: Field 9: Field 10: 2 American LegalNet, Inc. www.FormsWorkFlow.com Part B: Fields 1a-1d: Check the applicable box, depending on your situation. Note: If you check box 1d "Termination of IWO" enter $0 in field 12a "Total Amount to Withhold." Field 1e: Field 1f: Leave this field blank. The Court will fill in the date when the IWO is signed. Check the appropriate box to indicate who is issuing the IWO. If you are giving this form to a court or clerk of the court for signature, select "Court." If the IWO will be issued by a private attorney select "Attorney." If the IWO will be issued by a sheriff, select "Private Individual/Entity." Write in "New York." Provide the Index number of the Supreme Court divorce action or the Docket number of the Family Court case in which the court issued the support order to which this IWO relates. Provide the name of the county where the divorce action or Family Court support case referenced in Field 1h was filed. Provide the Index number of your Supreme Court divorce action or the Docket Number of the Family Court case in which the court issued the support order to which this IWO relates. If "Private Individual/Entity" was selected for Field 1f (above), provide the name of the sheriff issuing the IWO. If this is an Original IWO or One-Time (Lump Sum) IWO establishing the income withholding for support, leave this field blank. Once a copy of the completed IWO is received by the NYS Child Support Processing Center (SDU), a New York Case Identifier will be assigned for proper identification of remittances. For all other actions regarding the IWO (i.e. amending or terminating) provide the New York Case Identifier previously assigned. Note: This field is not applicable to a Spousal Support Only IWO. Field 2a: Field 2b: Provide the name of the employer/income withholder to whom the IWO will be sent and who will be directed to withhold income. Provide the mailing address of the employer/income withholder including the street, PO Box, city,
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