§ 46-212 — Holder’s duty to withhold and make payments.

District of Columbia § 46-212

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

Text

(a) Except as provided in subsection (e) of this section, a holder that receives a notice or order to withhold issued in accordance with this subchapter shall withhold the specified amount and make payment to the Collection and Disbursement Unit no later than 7 business days after the date the amount would have been paid or credited to the obligor. The holder shall begin withholding no later than the first pay period occurring 10 days after the date the notice or order to withhold was issued.

(b) If a holder receives notice of any legal proceeding challenging the withholding or the judgment or order of support on which it is based, the holder shall continue to withhold and submit the payments to the Collection and Disbursement Unit until the holder receives written notice from the Court or the IV-D agency directing the holder to cease the withholding.

(c) Any payment made by a holder in conformity with this section shall discharge the liability of the holder to the obligor to the extent of the payment.

(d) A holder upon whom a notice or order to withhold has been served may deduct and retain from the obligor’s earnings or other income an additional $2 for each deduction made in accordance with the notice or order to withhold. Where the total amount to be withheld, together with a fee, exceeds the limitations set forth in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)), the holder shall reduce the amount of the withholding to conform with these limitations, but the amount of the fee shall not be reduced by reason of the limitations.

(e) Notwithstanding any other provision of this subchapter, if a holder receives a notice or order to withhold issued by another state, the holder shall apply the income withholding law of the state of the obligor’s principal place of employment in determining:

(1) The holder’s fee for processing the notice or order to withhold;

(2) The maximum amount permitted to be withheld from the obligor’s income;

(3) The time periods within which the holder must implement the withholding and forward the support payment;

(4) The priorities for withholding and allocating income withheld for multiple support obligees; and

(5) Any withholding terms or conditions not specified in the notice or order to withhold.

Legislative History

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