§ 63-17-1470 — Termination or suspension of withholding.

(A) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this article, income withholding must be reinstated. (B) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold: (1) if there is no longer a current order for support and all arrearages are paid; or (2) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement. However, if termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this article. (C) The clerk of court shall serve on the payor by regular mail a copy of any order entered pursuant to this section or Section 63-17-1450(D) that affects the duties of the payor. If service cannot be effected as set forth in this section, the payor may be served as prescribed for service in civil actions. (D) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this section or Section 63-17-1450(D) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2; 2008 Act No. 332, SECTION 4.