Income Withholding Order for Spousal Support Only – LDSS-5038 (Spousal Support Only IWO)
Important Note: This is the actual form. Use LDSS-5039 as a guide when filling it out.
If maintenance (spousal support) only is to be received by either spouse, and no child support enforcement services are already being provided through a local district Support Collection Unit (see instructions on page 11 about whether and how to apply for such services), the Court may be asked to issue an Income Withholding Order or the Court may decide to issue such an order on its own.
In either case, the Income Withholding Order form is the form promulgated by the NYS Office of Temporary and Disability Assistance pursuant to CPLR §§ 5241 and 5242. While not required, this form is recommended for use in New York State for Spousal Support Only IWOs.
On IWO Form LDSS-5038 (for Spousal Support Only IWOs), areas not applicable to Spousal Support Only have been grayed out. In addition to graying out fields not applicable to the Spousal Support Only IWO, the other difference from LDSS-5037 is that Spousal Support Only IWOs are payable to the “obligee,” not the New York State Child Support Processing Center (SDU).
- The person making the payment is the employee/obligor (or debtor).
- The person receiving the payment is the obligee (or creditor).
Follow the instructions in IWO Form LDSS-5039, including the numbered instructions for IWO Form 5038.