(1)In any case in which services are not provided under
Title IV-D of the federal Social Security Act, as amended, and a support order
has been issued or modified on or after July 1, 1994, the obligor's income
shall be subject to income withholding regardless of whether or not payments
pursuant to such order are in arrears, and the court shall require such income
withholding in its order unless:
(a)One of the parties demonstrates and the court finds that
there is good cause not to require immediate income withholding; or
(b)A written agreement between the parties providing an
alternative arrangement is incorporated into the support order.
(2)If the court pursuant to subsection (1) of this section
orders income withholding regardless of whether or not payments are in arrears,
the obligo
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(1) In any case in which services are not provided under
Title IV-D of the federal Social Security Act, as amended, and a support order
has been issued or modified on or after July 1, 1994, the obligor's income
shall be subject to income withholding regardless of whether or not payments
pursuant to such order are in arrears, and the court shall require such income
withholding in its order unless:
(a) One of the parties demonstrates and the court finds that
there is good cause not to require immediate income withholding; or
(b) A written agreement between the parties providing an
alternative arrangement is incorporated into the support order.
(2) If the court pursuant to subsection (1) of this section
orders income withholding regardless of whether or not payments are in arrears,
the obligor shall prepare a notice to withhold income. The notice to withhold
income shall be substantially similar to a prototype prepared by the department
and made available by the department to the State Court Administrator and
the clerks of the district courts. The notice to withhold shall direct:
(a) That the employer or other payor shall withhold from
the obligor's disposable income the amount stated in the notice to withhold
for the purpose of satisfying the obligor's ongoing obligation for support
payments as they become due, if there are arrearages, to reduce such arrearages in child, spousal,
or medical support payments arising from the obligor's failure to fully comply
with a support order, and after
the obligor's support obligation is current, to satisfy any monetary judgment
against the obligor;
(b) That the employer or other payor shall pay to the obligor,
on his or her regularly scheduled payday, such income then due which is not
required to be withheld as stated on the notice or pursuant to any court order;
(c) That the employer or other payor shall not withhold more
than the maximum amount permitted to be withheld under section 303(b) of the
federal Consumer Credit Protection Act, 15 U.S.C. 1673(b)(2)(A) and (B), and
the amount withheld, including
interest, to satisfy an arrearage of child, spousal, or medical
support or any monetary judgment when
added to the amount withheld to pay current support and the fee provided for
in subdivision (2)(d) of this section shall not exceed such maximum amount;
(d) That the employer or other payor may assess an additional
administrative fee from the obligor's disposable income not to exceed two
dollars and fifty cents in any calendar month as compensation for the employer's
or other payor's reasonable cost incurred in complying with the notice;
(e) That the employer or other payor shall remit, within
seven days after the date the obligor is paid and in the manner specified
in the notice, the income withheld, less the deduction allowed as an administrative
fee by subdivision (2)(d) of this section, to the State Disbursement Unit
and shall notify the unit of the date such income was withheld;
(f) That the notice to withhold income shall terminate with
respect to the employer or other payor without any court action or action
by the obligor thirty days after the obligor ceases employment with or is
no longer entitled to income from such employer or other payor;
(g) That the employer or other payor may combine amounts
required to be withheld from the income of two or more obligors in a single
payment to the unit if the portion of the single payment which is attributable
to each individual obligor is separately identified;
(h) That an employer or other payor who fails to withhold
and remit income of an obligor after receiving proper notice or who discriminates,
demotes, disciplines, or terminates an employee or payee after receiving a
notice to withhold income shall be subject to the penalties prescribed in
subsections (4) and (5) of this section; and
(i) That if the employer or other payor receives more than
one notice to withhold income of a single obligor and the amount of income
available to be withheld pursuant to the limits specified in subdivision (c)
of this subsection is insufficient to satisfy the total support amount stated in the notices, the income available
shall first be applied to current support. If the total amount of income available
to be withheld is insufficient to satisfy the total amount of current support stated by the notices, the employer or other
payor shall withhold for each notice the proportion that the amount of the
current support stated in such notice bears
to the total amount of current support stated in all notices received
for the obligor. Any remaining income available to be withheld after current
support is satisfied for all notices shall be applied to arrearages. If arrearages
are stated in more than one notice,
the employer or other payor shall withhold for each notice the proportion
that the amount of the arrearage stated in such notice bears
to the total amount of arrearage stated in all notices received
for the obligor. Any income
available to be withheld after the obligor's support obligation is current
shall be applied to any monetary judgment. If a monetary judgment is stated
in more than one notice, the employer or other payor shall withhold for each
notice the proportion that the amount of the monetary judgments stated in
such notice bears to the total amount of monetary judgments stated in all
notices received for the obligor.
Compliance with the order by the employer or other payor
shall operate as a discharge of the employer's or other payor's liability
to the obligor as to the portion of the obligor's income withheld.
(3) The obligor shall deliver the notice to withhold income
to his or her current employer or other payor and provide a copy of such notice
to the clerk of the district court.
(4) Any employer or other payor who fails to withhold and
remit any income of an obligor receiving income from the employer or other
payor, after proper notice as provided in subsection (2) of this section,
shall be required to pay to the unit the amount specified in the notice.
(5)(a) An employer or other
payor shall not use an order or notice to withhold income or order or the
possibility of income withholding as a basis for (i) discrimination
in hiring, (ii) demotion of an employee
or payee, (iii) disciplinary action
against an employee or payee, or (iv) termination of an employee
or payee.
(b) Upon
application by the obligor and after a hearing on the matter, the court may
impose a civil fine of up to five hundred dollars for each violation of this
subsection.
(c) An
employer or other payor who violates this subsection shall be required to
make full restitution to the aggrieved employee or payee, including reinstatement
and backpay.
(6) When an obligor ceases employment with or is no longer
entitled to income from an employer or other payor, the notice to withhold
income shall not cease to operate against the obligor and income withholding
shall continue to apply to any subsequent employment or income of the obligor.
The notice to withhold income shall terminate with respect to the employer
or other payor without any court action or action by the obligor thirty days
after the obligor ceases employment with or is no longer entitled to income
from such employer or other payor. A notice to withhold income shall also
terminate when the child, spousal, or medical support obligation terminates, all past-due support has been paid, and any monetary judgment has been paid,
in which case the obligor shall notify the employer or other payor to cease
withholding income.
(7) A notice to withhold income may be modified or revoked
by a court of competent jurisdiction as a result of modification of the support
order. A notice to withhold income may also be modified or revoked by a court
of competent jurisdiction, for other good cause shown, after notice and a
hearing on the issue.
(8) The obligee or obligor may file an action in district
court to enforce this section.
(9) If after an order is issued in any case under this section
the case becomes one in which services are provided under Title IV-D of the
federal Social Security Act, as amended, the county attorney or authorized
attorney or the Department of Health and Human Services shall implement income
withholding as otherwise provided in the Income Withholding for Child Support
Act.