§571-52  Assignment by court order of future
income for payments of support.  (a)  Whenever any person has been ordered
to pay an allowance for the support of a child or for the support and
maintenance of a spouse or former spouse, and fails or refuses to obey or
perform the order and has been adjudged guilty of contempt of court for such
failure or refusal, the court may make an order that shall operate as an
assignment by the person for the benefit of the child or spouse, of such
amounts at such times as may be specified in the order, from any income due or
to become due in the future to such person from the person's employer or
successor employers, until further order of the court.



The assignment of the amounts shall be to the
clerk of the court where the order is entered if for the support or maintenance
of a spouse or former spouse, or to the child support enforcement agency if for
the support of a child or if child support and spouse support are contained in
the same order.  The order of assignment to the child support enforcement
agency shall be in the standard format prescribed by Title IV-D of the Social
Security Act, as amended by the child support enforcement agency.  The order of
assignment shall be effective immediately after service upon an employer of a
true copy of the order, which service may be effected by regular mail, by
personal delivery, or by transmission through electronic means.



Thereafter, the employer shall for each pay
period withhold from any income due to the person from the employer, and not
required to be withheld by any other provision of federal or state law, and
transmit to the clerk of the court or child support enforcement agency as set
forth in the order, as much as may remain payable to the person for such pay
period up to the amount specified in the order of assignment as being payable
during the same period.  The person ordered to pay shall inform the court
immediately of any change that would affect the order of assignment or the
disbursement thereof.



Compliance by an employer with the order of
assignment shall operate as a discharge of the employer's liability to the
employee for that portion of the employee's income withheld and transmitted to
the clerk of court or child support enforcement agency, as the case may be,
whether or not the employer has withheld the correct amount. 



(b)  Notwithstanding the provisions of
subsection (a) to the contrary, whenever a court has ordered any person
(hereinafter "obligor") to make periodic payments toward the support
of a child, upon petition of the person to whom such payments are ordered to be
made or that person's assignee, and the court finds the obligor to be
delinquent in payments in an amount equal to or greater than the sum of
payments that would become due over a one-month period under the order,
judgment, or decree providing for child support, the court shall order an
assignment of future income, or a portion thereof, of the obligor in an amount
adequate to insure that past due payments and payments that will become due in
the future under the terms of the support order will be paid.  Such an order
shall operate as an assignment by the obligor to the child support enforcement
agency and shall be binding upon any person who is or shall become obligated to
the obligor for payment of income and who has been served with a copy of the
assignment order.



For each payment made pursuant to an assignment
order, the person making such payment may deduct and retain as an
administrative fee the additional amount of $2 from the income owed to the
obligor.  Any assignment made pursuant to an assignment order shall have
priority as against any garnishment, attachment, execution, or other assignment
order, or any other order unless otherwise ordered by the court and the same
shall not be subject to any of the exemptions or restrictions contained in part
III of chapter 651, and chapters 652 and 653.



For purposes of this subsection, delinquencies
in payments shall be computed on the basis of the moneys owed and unpaid on the
date that the obligor under the support order has been given notice pursuant to
law of the application for the order of assignment.  The fact that the obligor
may have subsequently paid such delinquencies shall not relieve the court of
its duty under this subsection to order the assignment.



(c)  An employer withholding income for payment
to the child support enforcement agency shall terminate withholding upon
receipt of a notice from the child support enforcement agency to terminate
income withholding.



(d)  It shall be unlawful for any employer to
refuse to hire a prospective employee, to discharge an employee, or to take any
other disciplinary action against an employee, based in whole or part upon an
assignment authorized by this section.  Any employer violating this section
shall be guilty of a misdemeanor under section 710-1077(1)(g).



(e)  As used in this section:



"Employer" includes the United States
government, the State, any political subdivision thereof, and any person who is
or shall become obligated to the obligor for payment of income.



"Income" includes salaries, wages,
earnings, workers' compensation, disability benefits, commissions, independent
contractor income, and any other entitlement to money including moneys payable
as a pension, annuity, retirement, disability, death, or other benefit, or as a
return of contributions and interest from the United States government, the
State, or other political subdivision thereof, or from any retirement,
disability, or annuity system established by any of them pursuant to statute. 
[L 1967, c 56, §6; HRS §571-52; am L 1979, c 140, §1; am L 1984, c 207, §§1, 2;
am L 1985, c 176, §1 and c 257, §1; am L 1986, c 332, §11; am L 1987, c 161,
§1; am L 2000, c 194, §1]



 



Rules of Court



 



  Enforcement of order for payment of support, see HFCR rule
69.