§ 46-213 — Judgment against holder for failure to comply.

(a) If a holder fails to withhold support from earnings or other income, or fails to pay the support to the Collection and Disbursement Unit in accordance with this subchapter, judgment shall be entered against the holder for any amount not withheld or paid to the Collection and Disbursement Unit and for any reasonable counsel fees and court costs incurred by the obligor, obligee, caretaker, custodian, the Mayor, or their representative as a result of this failure to withhold or make payment.

(b) Subsection (a) of this section shall not apply where the holder proves, by a preponderance of the evidence, that the failure to withhold or make payment was due to exigent circumstances beyond the holder’s control.

Legislative History

Feb. 24, 1987, D.C. Law 6-166, § 14, 33 DCR 6710; Apr. 3, 2001, D.C. Law 13-269, § 108(m), 48 DCR 1270; May 12, 2006, D.C. Law 16-100, § 3(m), 53 DCR 1886