Family Services, Dept. of

Child Support Program

Chapter 14: Income Withholding

Effective Date: 05/20/1991 to 11/01/2007

Rule Type: Superceded Rules & Regulations

Reference Number: 049.0009.14.05201991

CHAPTER XIV

IMMEDIATE INCOME WITHHOLDING

(a) In all cases in which child support obligations are either being established or enforced by CSES, immediate income withholding shall be initiated pursuant to U.S. 20-6-204, excepting in the following circumstances:

(i) the obligor is currently a recipient of public assistance;

(ii) the court makes a written finding that extraordinary circumstances constitute good cause not to require immediate income withholding; or

(iii) the obligee is not a recipient of public assistance, and

(1) no arrears are due and owing to the State in respect to past public assistance granted, and

(2) the obligor and obligee have a written agreement providing for an alternative arrangement.

(b) For cases in which the immediate income withholding has not previously been imposed, pursuant to written agreement by an obligor and obligee, under condition defined in (a), the matter shall be reopened and withholding procedures initiated when one or more of the following circumstances exists:

(i) the obligee becomes a recipient of public assistance;

(ii) an arrears due the State under assignment exists; or

(iii) the voluntary written agreement executed at an earlier time by a non-public assistance client is revoked by that client in writing.

(c) A custodial parent may make a request for withholding to the IV-D agency upon his or her written revocation of an approved written agreement. Wages become subject to withholding on the date that the custodial parent requests it if the state approves it.