§ 46-208 — Withholding.

(a) Notwithstanding any other provision of subchapter II or III of Chapter 5 of Title 16 , where a notice or order to withhold is served on a holder of an obligor’s earnings or other income, the withholding shall be for an amount sufficient to satisfy the obligor’s periodic support obligation, an amount equal to 25% of the periodic support obligation if the obligor owes overdue support, and other costs or fees required by the support order.

(b) When an obligor is no longer subject to a periodic support obligation but owes overdue support, the withholding shall be for the amount of the obligor’s most recent periodic support obligation.

(c) Upon a motion by a party or the IV-D agency, the Court may order withholding of an amount that differs from the amount required for overdue support pursuant to subsection (a) or (b) of this section if the Court finds that the amount required would:

(1) Cause a substantial hardship to the obligor; or

(2) Result in an unreasonable delay in the full payment of the overdue support.

(d) A notice or order to withhold served on a holder in accordance with this subchapter shall have priority over any other legal process under District law, and shall not exceed the limitations set forth under section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).

(e) The Collection and Disbursement Unit shall establish procedures for the prompt return to an obligor of any amounts it receives that have been improperly withheld.

(f) Nothing in this subchapter shall be construed to require a judicial or administrative hearing before the implementation of withholding.

(g) An order to withhold issued in accordance with this subchapter shall be binding on each present and future holder upon whom it is served until the holder is notified of its termination in writing by the Court or the IV-D agency. Upon a motion filed by a party or the IV-D agency, the Court may enforce an order to withhold issued by the IV-D agency in the same manner as the Court may enforce a judicial order, including civil contempt.

(h) Where a party or entity registers a support order entered in another jurisdiction for enforcement pursuant to Chapter 3 of this title , withholding shall be implemented in the same manner and subject to the same procedures as a support order entered in the District of Columbia.

Legislative History

Feb. 24, 1987, D.C. Law 6-166, § 9, 33 DCR 6710; Aug. 17, 1991, D.C. Law 9-39, § 4(b), 38 DCR 4970; Apr. 3, 2001, D.C. Law 13-269, § 108(h), 48 DCR 1270; Dec. 7, 2004, D.C. Law 15-205, § 3403(f), 51 DCR 8441; May 12, 2006, D.C. Law 16-100, § 3(h), 53 DCR 1886; Mar. 25, 2009, D.C. Law 17-353,§ 111(b)(2), 56 DCR 1117