§ 9-14-509 — Notice to noncustodial parent

(a) Prior to notification to the employer, 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. (b) The information contained in the notice shall include: (1) That the parent has been directed to provide and maintain healthcare coverage for the benefit of a minor child; (2) The name and date of birth of the minor child or children; (3) That the income withholding for healthcare coverage applies to current and subsequent periods of employment; (4) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (5) That failure to contest the withholding within fifteen (15) days of the mail date of the notice will result in the payor's being notified to begin the enrollment requirements and withholding; (6) 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 (7) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order for healthcare coverage 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 for healthcare coverage. (c) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply.

Legislative History

Acts 1991, No. 368, § 9; 2003, No. 1020, § 12