§ 15-16-5 Requirement of incomewithholding – Support orders issued in this state or other jurisdictions.– (a) In the case of each obligor against whom a support order: (i) has beenissued or modified in this state; or (ii) has been issued or modified inanother jurisdiction; or (iii) has been issued or modified in anotherjurisdiction and has been filed and registered with the department inaccordance with § 15-16-13, and in either case the order is being enforcedunder the state plan; so much of an obligor's income must be withheld in anamount sufficient to comply with the order for current support when the obligorhas failed to make payment of support as provided in this section or when theobligor or obligee has requested withholding in accordance with therequirements of this section.
(2) If an obligor owes a support arrearage in addition to theamount to be withheld to comply with the order for current support, the orderto withhold income must include an amount equal to ten percent (10%) of thecurrent support order, which amount shall be applied toward liquidation ofsupport arrearages; provided, that the additional withholding to satisfyarrearages, when added to the amounts withheld to pay current support and toprovide for the withholding agent's fee provided in § 15-16-10, may notexceed the limit permitted under § 303(b) of the Consumer CreditProtection Act, 15 U.S.C. § 1673(b).
(3) Upon petition by an obligor, the court in its discretionmay reduce the amount required to be withheld in liquidation of supportarrearages to a nominal or token amount, if the court finds that additionalwithholding would work an undue hardship on the obligor. The income withholdingmust occur without the need for any amendment to the support order involved orfor any further action by the court or other entity which issued the order.
(b) With respect to a support order issued or modified inthis state, an obligor shall become subject to income withholding and theincome withholding may be initiated by the department:
(1) When the obligor has failed to make a support payment infull within fourteen (14) days of the due date for the support payment,notwithstanding that payment of the arrearage may be made subsequent to theobligor's receipt of notice of income withholding or prior to the date of thehearing; or
(2) The date on which the obligor requests, in writing, thatthe income withholding begin, whichever is earliest.
(c) With respect to an order issued or modified in thisstate, the department may initiate income withholding:
(1) Utilizing and relying on the information officiallyrecorded on the CSE system as to support orders and arrearages; or
(2) After receipt of a certified copy of the support orderwith all modification, together with the sworn statement of the obligee as tosupport arrearages and stating the name and address of the obligor and his orher employer or withholding agent.
(d) With respect to a support order issued or modified inanother jurisdiction, income withholding shall be initiated by the departmentwhen the support order has been filed and registered in accordance with §15-16-13, and the department and/or the court shall apply the law of the otherjurisdiction as to amount or duration of support arrearages necessary tocommence income withholding. In all other respects, the provisions of thischapter and the laws of this state shall apply.
(e) The only basis for contesting income withholdinginitiated under this section is a mistake of fact. For purposes of thissection, mistakes of fact shall be limited to the following:
(i) An error in the amount of current support or supportarrearage;
(ii) The mistaken identity of the obligor;
(iii) An error in the amount of income to be withheld inpayment of current support and arrearages; or
(iv) The amount to be withheld exceeds the maximum amountpermitted under § 303(b) of the Consumer Credit Protection Act, 15 U.S.C.§ 1673(b).
(2) The burden shall be on the obligor to establish a defenseof mistake of fact.
(f) The department shall provide the obligor with noticerequired in § 15-16-6 regarding the income withholding initiated underthis section and the procedures the obligor should follow if he or she desiresto contest the income withholding on the grounds that the income withholding isnot proper because of mistakes of fact. The notice shall be sent by regularmail at the obligor's most recent address of record.
(g) An obligor may contest the income withholding by filingor mailing a written statement with the department within fourteen (14) days ofthe mailing of the notice under § 15-16-6, which statement shall specifythe mistake or mistakes of fact claimed by the obligor.
(h) Payment by an obligor of the support arrearage stated inthe notice to the obligor is not a valid defense to income withholding.
§ 15-16-5 Requirement of incomewithholding – Support orders issued in this state or other jurisdictions.– (a) In the case of each obligor against whom a support order: (i) has beenissued or modified in this state; or (ii) has been issued or modified inanother jurisdiction; or (iii) has been issued or modified in anotherjurisdiction and has been filed and registered with the department inaccordance with § 15-16-13, and in either case the order is being enforcedunder the state plan; so much of an obligor's income must be withheld in anamount sufficient to comply with the order for current support when the obligorhas failed to make payment of support as provided in this section or when theobligor or obligee has requested withholding in accordance with therequirements of this section.
(2) If an obligor owes a support arrearage in addition to theamount to be withheld to comply with the order for current support, the orderto withhold income must include an amount equal to ten percent (10%) of thecurrent support order, which amount shall be applied toward liquidation ofsupport arrearages; provided, that the additional withholding to satisfyarrearages, when added to the amounts withheld to pay current support and toprovide for the withholding agent's fee provided in § 15-16-10, may notexceed the limit permitted under § 303(b) of the Consumer CreditProtection Act, 15 U.S.C. § 1673(b).
(3) Upon petition by an obligor, the court in its discretionmay reduce the amount required to be withheld in liquidation of supportarrearages to a nominal or token amount, if the court finds that additionalwithholding would work an undue hardship on the obligor. The income withholdingmust occur without the need for any amendment to the support order involved orfor any further action by the court or other entity which issued the order.
(b) With respect to a support order issued or modified inthis state, an obligor shall become subject to income withholding and theincome withholding may be initiated by the department:
(1) When the obligor has failed to make a support payment infull within fourteen (14) days of the due date for the support payment,notwithstanding that payment of the arrearage may be made subsequent to theobligor's receipt of notice of income withholding or prior to the date of thehearing; or
(2) The date on which the obligor requests, in writing, thatthe income withholding begin, whichever is earliest.
(c) With respect to an order issued or modified in thisstate, the department may initiate income withholding:
(1) Utilizing and relying on the information officiallyrecorded on the CSE system as to support orders and arrearages; or
(2) After receipt of a certified copy of the support orderwith all modification, together with the sworn statement of the obligee as tosupport arrearages and stating the name and address of the obligor and his orher employer or withholding agent.
(d) With respect to a support order issued or modified inanother jurisdiction, income withholding shall be initiated by the departmentwhen the support order has been filed and registered in accordance with §15-16-13, and the department and/or the court shall apply the law of the otherjurisdiction as to amount or duration of support arrearages necessary tocommence income withholding. In all other respects, the provisions of thischapter and the laws of this state shall apply.
(e) The only basis for contesting income withholdinginitiated under this section is a mistake of fact. For purposes of thissection, mistakes of fact shall be limited to the following:
(i) An error in the amount of current support or supportarrearage;
(ii) The mistaken identity of the obligor;
(iii) An error in the amount of income to be withheld inpayment of current support and arrearages; or
(iv) The amount to be withheld exceeds the maximum amountpermitted under § 303(b) of the Consumer Credit Protection Act, 15 U.S.C.§ 1673(b).
(2) The burden shall be on the obligor to establish a defenseof mistake of fact.
(f) The department shall provide the obligor with noticerequired in § 15-16-6 regarding the income withholding initiated underthis section and the procedures the obligor should follow if he or she desiresto contest the income withholding on the grounds that the income withholding isnot proper because of mistakes of fact. The notice shall be sent by regularmail at the obligor's most recent address of record.
(g) An obligor may contest the income withholding by filingor mailing a written statement with the department within fourteen (14) days ofthe mailing of the notice under § 15-16-6, which statement shall specifythe mistake or mistakes of fact claimed by the obligor.
(h) Payment by an obligor of the support arrearage stated inthe notice to the obligor is not a valid defense to income withholding.
§ 15-16-5 Requirement of incomewithholding – Support orders issued in this state or other jurisdictions.– (a) In the case of each obligor against whom a support order: (i) has beenissued or modified in this state; or (ii) has been issued or modified inanother jurisdiction; or (iii) has been issued or modified in anotherjurisdiction and has been filed and registered with the department inaccordance with § 15-16-13, and in either case the order is being enforcedunder the state plan; so much of an obligor's income must be withheld in anamount sufficient to comply with the order for current support when the obligorhas failed to make payment of support as provided in this section or when theobligor or obligee has requested withholding in accordance with therequirements of this section.
(2) If an obligor owes a support arrearage in addition to theamount to be withheld to comply with the order for current support, the orderto withhold income must include an amount equal to ten percent (10%) of thecurrent support order, which amount shall be applied toward liquidation ofsupport arrearages; provided, that the additional withholding to satisfyarrearages, when added to the amounts withheld to pay current support and toprovide for the withholding agent's fee provided in § 15-16-10, may notexceed the limit permitted under § 303(b) of the Consumer CreditProtection Act, 15 U.S.C. § 1673(b).
(3) Upon petition by an obligor, the court in its discretionmay reduce the amount required to be withheld in liquidation of supportarrearages to a nominal or token amount, if the court finds that additionalwithholding would work an undue hardship on the obligor. The income withholdingmust occur without the need for any amendment to the support order involved orfor any further action by the court or other entity which issued the order.
(b) With respect to a support order issued or modified inthis state, an obligor shall become subject to income withholding and theincome withholding may be initiated by the department:
(1) When the obligor has failed to make a support payment infull within fourteen (14) days of the due date for the support payment,notwithstanding that payment of the arrearage may be made subsequent to theobligor's receipt of notice of income withholding or prior to the date of thehearing; or
(2) The date on which the obligor requests, in writing, thatthe income withholding begin, whichever is earliest.
(c) With respect to an order issued or modified in thisstate, the department may initiate income withholding:
(1) Utilizing and relying on the information officiallyrecorded on the CSE system as to support orders and arrearages; or
(2) After receipt of a certified copy of the support orderwith all modification, together with the sworn statement of the obligee as tosupport arrearages and stating the name and address of the obligor and his orher employer or withholding agent.
(d) With respect to a support order issued or modified inanother jurisdiction, income withholding shall be initiated by the departmentwhen the support order has been filed and registered in accordance with §15-16-13, and the department and/or the court shall apply the law of the otherjurisdiction as to amount or duration of support arrearages necessary tocommence income withholding. In all other respects, the provisions of thischapter and the laws of this state shall apply.
(e) The only basis for contesting income withholdinginitiated under this section is a mistake of fact. For purposes of thissection, mistakes of fact shall be limited to the following:
(i) An error in the amount of current support or supportarrearage;
(ii) The mistaken identity of the obligor;
(iii) An error in the amount of income to be withheld inpayment of current support and arrearages; or
(iv) The amount to be withheld exceeds the maximum amountpermitted under § 303(b) of the Consumer Credit Protection Act, 15 U.S.C.§ 1673(b).
(2) The burden shall be on the obligor to establish a defenseof mistake of fact.
(f) The department shall provide the obligor with noticerequired in § 15-16-6 regarding the income withholding initiated underthis section and the procedures the obligor should follow if he or she desiresto contest the income withholding on the grounds that the income withholding isnot proper because of mistakes of fact. The notice shall be sent by regularmail at the obligor's most recent address of record.
(g) An obligor may contest the income withholding by filingor mailing a written statement with the department within fourteen (14) days ofthe mailing of the notice under § 15-16-6, which statement shall specifythe mistake or mistakes of fact claimed by the obligor.
(h) Payment by an obligor of the support arrearage stated inthe notice to the obligor is not a valid defense to income withholding.
