§ 15-16-9. Income withholding order — Service — Effectiveness — Contents.
(a) An income withholding order under this chapter shall be binding upon a withholding
agent one week after service, by personal service or by certified or registered mail,
of a true copy of the income withholding order. The income withholding order shall
be binding upon the withholding agent until further notice to the withholding agent
in accordance with this chapter. Concurrently with the service of a true copy of the
income withholding order upon a withholding agent, the department shall mail a true
copy of the income withholding order by regular mail to the obligor
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§ 15-16-9. Income withholding order — Service — Effectiveness — Contents.
(a) An income withholding order under this chapter shall be binding upon a withholding
agent one week after service, by personal service or by certified or registered mail,
of a true copy of the income withholding order. The income withholding order shall
be binding upon the withholding agent until further notice to the withholding agent
in accordance with this chapter. Concurrently with the service of a true copy of the
income withholding order upon a withholding agent, the department shall mail a true
copy of the income withholding order by regular mail to the obligor.
(b) Any income withholding order under this chapter shall have priority over any prior
attachment, execution, garnishment, or wage or income assignment against the income
of the obligor. An income withholding order under this chapter shall not be subject
to any specific or statutory exemption or limitation prohibiting levy, execution,
assignment, or attachment process or limiting the amount subject to income withholding
under this chapter, except the exemptions or limitations as provided by federal law.
(c) Every income withholding order issued pursuant to this chapter shall include the following:
(1) That the income withholding order shall be binding upon a withholding agent one week
after the service upon the withholding agent;
(2) The total amount to be withheld from the obligor's income for support and support
arrearages;
(3) The amount of fees a withholding agent may withhold from the income of an obligor
in addition to support and support arrearages;
(4) That the total amount to be withheld for support, support arrearages, and fees may
not be in excess of the maximum amounts permitted under § 303(b) of the Consumer Credit
Protection Act, 15 U.S.C. § 1673(b);
(5) That withholding is binding upon the withholding agent until notice by the department
or the court;
(6) That the withholding agent is subject to the duties and liabilities as provided in
§ 15-16-10.