§ 46-207 — Enforcement by withholding.

(a) All support orders, whether they are original orders or modifications of existing orders, that are effective on or after January 1, 1994, or that are effective on or after November 1, 1990 in cases being enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), shall be immediately enforceable by withholding, unless the Court finds there is good cause not to require immediate withholding or the parties agree in writing to an alternative method of payment.

(b) A finding of good cause not to require immediate withholding pursuant to subsection (a) of this section shall be based on at least:

(1) A written finding and explanation by the Court establishing the reasons that immediate withholding would not be in the best interests of the child; and

(2) Proof of timely payment of previously ordered support in cases involving the modification of support orders.

(c) A written agreement to an alternative method of payment shall be signed by the parties, and by the IV-D agency for support orders being enforced by the IV-D agency. The agreement shall be submitted to the Court for its review and approval, and entered into the Court’s record.

(d) All support orders being enforced by the IV-D agency that are not immediately enforceable by withholding under subsection (a) of this section, including support orders subject to a finding of good cause or a written agreement to an alternative method of payment, shall become enforceable by withholding on the earliest of:

(1) The date the obligor requests that the withholding begin;

(2) The date the custodian requests that the withholding begin; provided, that the IV-D agency approves the request pursuant to procedures the IV-D agency adopts for determining that withholding is in the best interests of the child; or

(3) The date on which arrearages equal one month of support payments.

(e) A support order shall be enforceable by withholding pursuant to subsection (a) or (d) of this section regardless of whether or not the Court has entered an order authorizing withholding as a means of enforcement.

(f) All support orders not enforceable by withholding under subsection (a) or (d) of this section shall be enforceable by withholding on the effective date of a court order authorizing the withholding. The Court shall enter an order authorizing withholding, at the request of a party, upon a showing that:

(1) Arrearages equal one month of support payments; or

(2) Withholding is in the best interests of the child.

Legislative History

Feb. 24, 1987, D.C. Law 6-166, § 8, 33 DCR 6710; July 25, 1990, D.C. Law 8-150, § 4(b), 37 DCR 3720; Mar. 16, 1995, D.C. Law 10-217, § 2(b), 41 DCR 8040; Apr. 9, 1997, D.C. Law 11-170, § 2(b), 43 DCR 4480; Apr. 3, 2001, D.C. Law 13-269, § 108(g), 48 DCR 1270; Mar. 30, 2004, D.C. Law 15-130, § 203(c), 51 DCR 1615; Dec. 7, 2004, D.C. Law 15-205, § 3403(e), 51 DCR 8441; May 12, 2006, D.C. Law 16-100, § 3(f), 53 DCR 1886