§ 19-6-32.Entering income withholding order or medical support notice for award of child support; when order or notice effective; hearing on order

Income withholding routes support straight from the paying parent’s earnings: the employer or other “payor” takes it out before the paycheck goes out. “Earnings” is broad, covering wages, salary, commissions, bonuses, workers’ compensation, disability, pension or retirement payments, and interest. A “court” here includes any court of record and administrative law judges of the Office of State Administrative Hearings.

When a court enters a judgment or order establishing, enforcing or modifying child or spousal support, it shall also enter a separate income withholding order if one hasn’t been entered before, subject to the exception in subsection (c)(1). For all child support orders, and spousal support orders enforced under § 19-11-6(d), the child support enforcement agency may issue an income withholding notice, and a National Medical Support Notice for health coverage, without amending the order, as long as an opportunity for a hearing is afforded. In a case it enforces, it must issue the withholding notice, and when appropriate a National Medical Support Notice, within two business days after information about a newly hired employee is entered in the centralized employee registry and matched to the obligor.

Orders first issued on or after January 1, 1994 and not enforced by the agency shall provide for immediate withholding unless the court finds good cause not to, or both parties agree in writing to another arrangement. A good-cause finding needs at least a written determination that withholding wouldn’t be in the child’s best interest, plus proof of timely past payment in modification cases. Other child support orders shall, when either party petitions to revise them under § 19-6-19 or enforce them under § 19-6-28, be revised to provide for withholding if arrears equal to one month’s support accrue, without an application for services under § 19-11-6. The withholding order must direct the payor to withhold current support plus an extra amount toward any arrearage, cap withholding at the federal Consumer Credit Protection Act limit, and send payments to the family support registry. It lasts as long as the support order, or until a court orders otherwise.

With immediate withholding, the paying parent gets a statement of rights listing fees, amounts, start date, how to contest, and the duty to report address and employer changes within seven days. Where withholding starts only on a one-month delinquency, or the order predates July 1, 1989, the other parent or agency may enforce it by sending a notice of delinquency. Either way, withholding may be contested only for a mistake of fact about the amount owed, the arrearage, or the obligor’s identity, and asking a court doesn’t pause withholding until the court grants relief. Not receiving a delinquency notice doesn’t stop withholding, and a notice that states no arrearage doesn’t mean none is owed. Any party may apply to change, suspend or end the withholding when the support order changes, or to lower it once arrears are paid. Section 19-6-33 covers service, hearings and employer duties.