(a)
(1) The only grounds available to an obligor to contest wage withholding are that the:
- (A) Person who received the notice was not the person obligated to pay the support;
- (B) Arrears are incorrect; or
- (C) Current support amount is incorrect.
(2)
- (A) The Office of Child Support Enforcement will conduct an informal review of the income withholding order issued by the agency, upon the request of the noncustodial party, to confirm that:
(i) He or she is the person identified as the person who owes the support; and
(ii) The amount of current and past due support is correct.
- (B) However, if the noncustodial parent wants to request a hearing with the court, he or she must do so within ten (10) calendar days of the date of the notice of income withholding.
- (3) Once implemented, income withholding remains in effect, following the noncustodial parent from one (1) employer to another until the support obligation is terminated or is set aside by the court.
(b) If withholding is contested within ten (10) calendar days, the caseworker will immediately forward the case to the Supervisor/Field Manager for administrative review.
- (c) Contest of an income withholding order issued in another state.
- (1) A noncustodial parent may contest with the office the validity or enforcement of an income withholding order issued in another state and received directly by an employer in Arkansas by registering the order in a court of this state and filing a contest to that order in the same manner as if the order had been issued by a court in this state.
(2) The noncustodial parent must give notice of the contest to the following:
- (A) The support enforcement agency providing services to the custodial party;
- (B) Each employer that has directly received an income withholding order relating to that noncustodial parent;
- (C) The person designated to receive payments in the income withholding order; and
- (D) To the custodian if no person is designated to receive payments.
(3)
- (A) If a noncustodial parent contests an income withholding notice that was issued in another state, the caseworker will contact the other state to advise that the noncustodial parent has contested the direct income withholding.
- (B) If the other state initiates intergovernmental enforcement pursuant to the Uniform Interstate Family Support Act, Arkansas Code § 9-17-101 et seq., the order will be registered.