§ 9-14-221 — Income withholding - When orders take effect - Notice - Costs

(a) Orders of income withholding that were not effective immediately by order of the court, upon the consent of the noncustodial parent, or at the request of the custodial parent, shall become effective when payment arrearages owed by the noncustodial parent equal the total court-ordered support payable for thirty (30) days. (b) (1) Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk. (2) Actual costs of mailing the notice may be collected by the clerk from the custodial parent. (3) The notice shall contain the following information: (A) The amount to be withheld; (B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable; (C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration; (D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding; (F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and (G) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order. (c) (1) Should the noncustodial parent contest the withholding because of mistake of fact, then after providing the noncustodial parent an opportunity to present his or her case the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence. (2) The notice shall include the information to be provided to the payor as required in § 9-14-222 .

Legislative History

Acts 1985, No. 989, § 15; A.S.A. 1947, § 34-1233; Acts 1987, (1st Ex. Sess.), No. 33, § 1; 1991, No. 1095, § 5; 1993, No. 396, § 2; 2003, No. 1020, § 6