Delaware Statutes

§ 405 — Income withholding hearing

Delaware·Title 13·Ch. 4 INTERSTATE WITHHOLDING ACT
(a)At any hearing contesting proposed income withholding based on a support order entered under § 403 of this title, the entered order, accompanying sworn or certified statement, and a certified copy of an income withholding order, if any, still in effect shall constitute prima facie proof, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.
(b)Once a prima facie case has been established, the obligor may raise only those defenses set forth in § 513(b)(3) of this title. The burden shall be on the obligor to establish these defenses.
(c)If the obligor presents evidence wh

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Legislative History

65 Del. Laws, c. 115, § 1 ; 71 Del. Laws, c. 216, § 20

Nearby Sections

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