§ 20-6-209 — Procedures to stay income withholding

(a) Within twenty (20) days from the date of service of
the notice of delinquency the obligor may file with the clerk a
petition to stay service of the income withholding order. The
petition to stay shall include the obligor's name, social
security number, address, employer and employer's address. The
obligor shall mail a copy of the petition to the obligee, or to
the obligee's representative if the notice of delinquency was
filed by someone other than the obligee, and to the department
in all cases being enforced by the department. The obligor
shall move for a hearing on the petition within five (5) days of
filing the petition or the petition shall be denied. The income
withholding order shall not be served on the payor until either
a hearing has been deemed denied or until after a hearing has
been held on the petition and the court has determined that the
income withholding will become effective.
(b) The grounds for the petition to stay service shall be
limited to disputes concerning:
(i) The amount of current support or arrearage; or
(ii) The identity of the alleged obligor named in the
income withholding order.
(c) If a petition to stay service states the grounds
required by subsection (b) of this section, and has been filed
as provided by subsection (a) of this section, and the obligor
has moved for a hearing, the court shall set the matter for
hearing and notify the obligor, the obligee or the obligee's
representative if the notice of delinquency was filed by someone
other than the obligee of the time and place of the hearing. In
all cases being enforced by the department, the department shall
be given notice. The court shall hear and decide the dispute and
notify the obligor of its determination within forty-five (45)
days from the date the notice of delinquency was served on all
parties entitled to notice.