District of Columbia § 46-210 Objections to withholding.

District of Columbia Statutes

§ 46-210 — Objections to withholding.

District of Columbia·Title 46 Domestic Relations.·Ch. 2 Child Support and Medical Support Enforcement.·Subch. I Child Support Enforcement.

(a)An obligor may object to a withholding commenced pursuant to § 46-207.01 by filing a motion to quash the withholding with the Court within 15 days after the earlier of the date the notice of withholding was mailed or the date the first payment was withheld.

(b)The Court shall resolve any motion to quash the withholding within 90 days after service of the motion on the opposing party, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion.

(c)The only ground for an objection to a withholding is a mistake of fact, which is defined as:

(1)A mistake in the amount of arrears;

(2)A mistake in the identity of the obligor; or

(3)A mistake in the amount of the withholding that causes the amount withheld to exceed the limits spe

Free access — add to your briefcase to read the full text and ask questions with AI

(a) An obligor may object to a withholding commenced pursuant to § 46-207.01 by filing a motion to quash the withholding with the Court within 15 days after the earlier of the date the notice of withholding was mailed or the date the first payment was withheld.

(b) The Court shall resolve any motion to quash the withholding within 90 days after service of the motion on the opposing party, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion.

(c) The only ground for an objection to a withholding is a mistake of fact, which is defined as:

(1) A mistake in the amount of arrears;

(2) A mistake in the identity of the obligor; or

(3) A mistake in the amount of the withholding that causes the amount withheld to exceed the limits specified in § 46-208 or section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C.§ 1673(b)).

(d) Payment of arrearages after the date of issuance of a notice of withholding to the obligor pursuant to § 46-209 is not a defense to the withholding.

(e) The Court shall deny the motion in all cases except where the identity of the obligor is mistaken or, if applicable, where arrearages have never equaled one month of support payments, and shall notify the obligor.

(f) If the Court determines that the amount to be withheld exceeds the limits of § 46-208 or section 303(b) of the Consumer Credit Protection Act [15 U.S.C. § 1673(b)], the Court shall serve or direct the IV-D agency to serve an order to withhold on the holder that complies with those limits.

(g) The Court shall deny any request to stay the withholding pending resolution of an objection or appeal.

District of Columbia § 46-210 (Objections to withholding.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Feb. 24, 1987, D.C. Law 6-166, § 11, 33 DCR 6710; Apr. 3, 2001, D.C. Law 13-269, § 108(j), 48 DCR 1270; Dec. 7, 2004, D.C. Law 15-205, § 3403(h), 51 DCR 8441; May 12, 2006, D.C. Law 16-100, § 3(j), 53 DCR 1886