Prior Codifications

1981 Ed., § 30-501.

Effect of Amendments

D.C. Law 13-91 in par. (13) validated a previously made technical amendment.

D.C. Law 13-269 designated former par. (1) as (1A); inserted a new par. (1); and inserted pars. (8A), (8B), (9A), (9B), (15A), and (15B).

D.C. Law 15-205 added par. (2A); and, in par. (8B), substituted "the Child Support Enforcement Division of the Office of the Attorney General for the District of Columbia," for "the organizational unit of the District government,".

D.C. Law 16-100 rewrote the section, which had read:

"For the purposes of this subchapter, the term:

"(1) 'Business day' means Monday through Friday, excluding District and federal holidays.

"(1A) 'Caretaker' means a parent, relative, guardian, or other person whose needs are included in a public assistance payment for a dependent child and who is using those payments for the benefit of the dependent child.

"(2) 'Child support' means any payment that a responsible relative is ordered to make because of a duty of support.

"(2A) 'Collection and Disbursement Unit' means the centralized unit operated by the IV-D agency for the collection and disbursement of support payments as required under section 454B of title IV, part D of the Social Security Act, approved August 22, 1996 (110 Stat. 2207; 42 U.S.C. § 654b).

"(3) 'Court' means the Superior Court of the District of Columbia.

"(4) 'Custodian' means the parent, relative, guardian, or other person with whom the dependent child resides.

"(5) 'Dependent child' means any child for whom the District is providing public assistance pursuant to subchapter 5 of Chapter 2 of Title 4 and whose support is required by § 16-916; or any child to whom an obligor owes a duty of support.

"(6) 'District' means the government of the District of Columbia.

"(7) 'Duty of support' means any duty of support imposed by statute or by common law; any duty of support imposed by order of the Court, decree, or judgment, whether interlocutory or final, or whether incidental to a proceeding for divorce, judicial separation, separate maintenance, or otherwise; any duty of reimbursement imposed by law for moneys expended by the District for support, including public assistance and foster care; or any duty of support imposed by any other section of this subchapter.

"(8) 'Earnings' means any remuneration based on employment including, but not limited to, wages, salaries, annuities, retirement benefits, unemployment compensation, and disability benefits.

"(8A) 'Entity' means a partnership, firm, association, corporation, sole proprietorship, company, organization, or other business, including a governmental and nonprofit organization.

"(8B) 'IV-D agency' means the Child Support Enforcement Division of the Office of the Attorney General for the District of Columbia, or successor organizational unit, that is responsible for administering or supervising the administration of the District's State Plan under title IV, part D, of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders.

"(9) 'Holder' means any person, firm, association, corporation, or government official whom the Mayor believes has possession of property of a responsible relative, including, but not limited to, earnings or other income of the responsible relative.

"(9A) 'Immediate withholding' means withholding conducted pursuant to § 46- 207(a-1).

"(9B) 'Initiated withholding' means withholding conducted pursuant to § 46- 208(c).

"(10) 'Mayor' means the Mayor of the District of Columbia or the Mayor's designee.

"(11) 'Obligor' means any responsible relative or person ordered to pay pursuant to any order or decision listed in § 46-207.

"(12) 'Other income' means any income available to an individual whether or not derived from remuneration based on employment.

"(13) 'Public assistance' means assistance granted under the District's Temporary Assistance for Needy Families Program or Program on Work, Employment, and Responsibility pursuant to subchapter 5 of Chapter 2 of Title 4.

"(14) 'Recipient' means a dependent child and, if applicable, the caretaker for the child.

"(15) 'Responsible relative' means any person obligated under law for the support of a dependent child.

"(15A) 'Spousal support' means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child for whom the individual also owes support and that is enforced by the IV-D agency.

"(15B) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief.

"(16) 'Withholding order' means any legal or equitable order that requires a holder to turn over earnings or other income in a specified amount to a specified payee rather than to an individual to whom the earnings or other income would otherwise be payable."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 13 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

For temporary (225 day) amendment of section, see § 107 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(a) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 2. Definitions.

"For the purposes of this act, the term:

"(1) 'Business day' means a day on which District offices are open for regular business.

"(2) 'Caretaker' means a parent, relative, guardian, or other person whose needs are included in a public assistance payment for a dependent child and who is using those payments for the benefit of the dependent child.

"(3) 'Collection and Disbursement Unit' or 'CDU' means the centralized unit operated by the IV-D agency for the collection and disbursement of support payments as required under section 454B of title IV, part D of the Social Security Act, approved August 22, 1996 (110 Stat. 2207; 42 U.S.C. § 654B).

"(4) 'Court' means the Superior Court of the District of Columbia.

"(5) 'Custodian' means the parent, relative, guardian, or other person with whom the dependent child resides.

"(6) 'Dependent child' means any child whose support is required by D.C. Official Code § 16-916, or any child to whom a responsible relative owes a duty of support.

"(7) 'Duty of support' means:

(A) Any duty of support imposed by statute or by common law;

(B) Any duty of support imposed by court order, decree, or judgment, whether interlocutory or final; and

(C) Any duty of reimbursement imposed by law for monies expended by the District for support, including public assistance and foster care.

"(8) 'Earnings' means any remuneration based on employment, including, but not limited to, wages, salaries, annuities, retirement benefits, unemployment compensation, and disability benefits.

"(9) 'Entity' means a partnership, firm, association, corporation, sole proprietorship, company, organization, or other business, including a governmental or nonprofit organization.

"(10) 'IV-D agency' means the Child Support Services Division of the Office of the Attorney General for the District of Columbia, or successor organizational unit, that is responsible for administering or supervising the administration of the District's State Plan under title IV, part D, of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders.

"(11) 'Holder' means any person, firm, association, corporation, government official, or other entity that is believed to possess property of an obligor, including earnings or other income.

"(12) 'Mayor' means the Mayor of the District of Columbia or the Mayor's designee.

"(13) 'Notice to withhold' means a written notice informing a holder that an obligor's support order is enforceable by withholding and directing the holder to implement the withholding.

"(14) 'Obligee' means a person or entity who is entitled to receive support pursuant to a support order.

"(15) 'Obligor' means a person who is required to pay support pursuant to a support order.

"(16) 'Order to withhold' means an order that requires a holder to turn over earnings or other income in a specified amount to a specified payee rather than to an individual to whom the earnings or other income would otherwise be payable.

"(17) 'Other income' means any income available to an individual, whether or not derived from remuneration based on employment.

"(18) 'Public assistance' means assistance granted under the District's Temporary Assistance for Needy Families Program or Program on Work, Employment, and Responsibility pursuant to the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4- 201.01 et seq.).

"(19) 'Responsible relative' means a person obligated under law for the support of a dependent child.

"(20) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees, and other relief."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary (90-day) addition of section, see § 107(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(a) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(a) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(a) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(a) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(a) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

Law 6-166, "District of Columbia Child Support Enforcement Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-134, which was referred to the Committee on Human Services and reassigned to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 8, 1986, and September 23, 1986, respectively. Signed by the Mayor on October 9, 1986, it was assigned Act No. 6-212 and transmitted to both Houses of Congress for its review.

Law 12-241, the "Self-Sufficiency Promotion Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-558, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 23, 1998, it was assigned Act No. 12-573 and transmitted to both Houses of Congress for its review. D.C. Law 12-241 became effective on April 20, 1999.

Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.

Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

Law 13-269, the "Child Support and Welfare Reform Compliance Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-254, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on January 8, 2001, it was assigned Act No. 13-559 and transmitted to both Houses of Congress for its review. D.C. Law 13-269 became effective on April 3, 2001.

Law 15-205, the "Fiscal Year 2005 Budget Support Act of 2004", was introduced in Council and assigned Bill No. 15-768, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 2004, and June 29, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-487 and transmitted to both Houses of Congress for its review. D.C. Law 15-205 became effective on December 7, 2004.

Law 16-100, the "Income Withholding Transfer and Revision Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-319 which was referred to the committee on Judiciary. The Bill was adopted on first and second readings on January 4, 2006, and February 7, 2006, respectively. Signed by the Mayor on February 27, 2006, it was assigned Act No. 16-302 and transmitted to both Houses of Congress for its review. D.C. Law 16-100 became effective on May 12, 2006.

Prior Codifications

1981 Ed., § 30-502.

Effect of Amendments

D.C. Law 15-205 rewrote the section which had read as follows:

"§ 46-202.01. Centralized Collection and Disbursement Unit.

"(a) The Superior Court is established as the centralized Collection and Disbursement Unit for the collection and disbursement of support payments and shall operate this unit either directly or through a contract or cooperative agreement with another entity.

"(b) The Collection and Disbursement Unit shall collect and disburse support payments under support orders in all cases enforced by the IV-D program and all other cases in which the support order was initially issued in the District on or after January 1, 1994, and in which the income of the noncustodial parent has been subject to withholding. Unit operations involving cases enforced by the IV-D program will be conducted in coordination with the automated system maintained by the IV-D agency.

"(c) The Collection and Disbursement Unit shall be the instrumentality for withholding earnings and other income under this subchapter.

"(d) The Collection and Disbursement Unit shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures:

"(1) For receipt of payments from parents, employers, and other states and for disbursements to custodial parents and other obligees, the IV-D agency, and the agencies of other states;

"(2) For accurate identification of payments;

"(3) To ensure prompt disbursement of the custodial parent's share of any payment; and

"(4) To furnish to any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent. The Collection and Disbursement Unit shall not be required to convert and maintain, in automated form, records of payments made prior to August 22, 1996, in cases subject to wage withholding that are enforced pursuant to the IV-D program.

"(e) The Collection and Distribution Unit shall distribute all amounts payable within 2 business days after receipt from the employer or other holder, if sufficient information identifying the payee is provided. The Collection and Distribution Unit may delay the distribution of collections toward arrearages until any appeal with respect to such arrearages has been resolved.

"(f) The Collection and Distribution Unit shall use the automated system maintained by the IV-D agency to the maximum extent feasible to assist and facilitate the collection and disbursement of support payments, including, at a minimum:

"(1) Transmission of orders and notices to employers and other debtors for the withholding of income as follows:

"(A) Within 2 business days after receipt of notice of such withholding (including identification of the income source subject to withholding) from a court, a state, an employer, the Federal Parent Locator Service, or another source recognized by the District; and

"(B) Using uniform formats prescribed by federal regulation or policy;

"(2) Ongoing monitoring to promptly identify failures to make timely payment of support; and

"(3) Automatic use of enforcement procedures if payments are not timely made."

D.C. Law 16-100 rewrote the section, which had read:

"(a)(1) The IV-D agency is established as the centralized Collection and Disbursement Unit for the collection and disbursement of support payments and shall operate this unit either directly or through a contract or cooperative agreement with another entity.

"(2) The Court shall continue to operate the Collection and Disbursement Unit, pursuant to a memorandum of understanding or other cooperative agreement with the IV-D agency, until the IV-D agency has arranged with a private contractor to operate the Collection and Disbursement Unit or has made other arrangements for its operation, and until the transfer of all collection and disbursement functions to another entity is complete.

"(b) The Collection and Disbursement Unit shall collect and disburse support payments under support orders in the following cases:

"(1) All cases enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S. C. § 651 et seq.);

"(2) All cases not enforced by the IV-D agency in which the support order was initially issued in the District on or after January 1, 1994, and in which withholding of the obligor's earnings or other income has commenced; and

"(3) All other cases in which the court has ordered that payments be made through the Collection and Disbursement Unit, or in which withholding of the non-custodial parent's income or other earnings has commenced.

"(c) The Court shall be the instrumentality for withholding earnings or other income under this subchapter.

"(d) The Collection and Disbursement Unit shall conduct its operations in coordination with the automated system the IV-D agency maintains pursuant to § 42-226.10.

"(e)(1) The Collection and Disbursement Unit shall use automated procedures, electronic processes, and computer-driven technology, to the maximum extent that is feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures:

"(A) For receipt of payments from parents, holders, and other states, and for disbursements to custodial parents and other obligees, the IV-D agency, and the agencies of other states;

"(B) For accurate identification of payments;

"(C) To ensure prompt disbursement of the custodial parent's share of any payment; and

"(D) To furnish to any parent, upon request, timely information on the current status of support payments required to be made by or to the parent through the Collection and Disbursement Unit pursuant to subsection (b) of this section.

"(2) The Collection and Disbursement Unit shall not be required to convert and maintain, in automated form, records of payments made before August 22, 1996, in cases subject to wage withholding not enforced by the IV-D agency.

"(f) The Collection and Disbursement Unit shall distribute all amounts payable within 2 business days after receipt from the employer or other holder if sufficient information identifying the payee is provided. The Collection and Disbursement Unit may delay the distribution of collections toward arrearages until any appeal with respect to such arrearages has been resolved.

"(g) The IV-D agency and the Court, as applicable, shall use the automated system the IV-D agency maintains pursuant to § 42-226.10, to the maximum extent that is feasible, to assist and facilitate the collection and disbursement of support payments, including:

"(1) Transmission of orders and notices to employers and other holders for the withholding of income:

"(A) Within 2 business days after receipt of notice of the withholding (including identification of the income source subject to withholding) from a court, a state, a holder, the Federal Parent Locator Service, or another source recognized by the District; and

"(B) Using uniform formats prescribed by federal regulation or policy;

"(2) Ongoing monitoring to promptly identify failures to make timely payment of support; and

"(3) Automatic use of enforcement procedures if payments are not timely made."

D.C. Law 16-191, in subsec. (d), validated a previously made technical correction.

Temporary Amendments of Section

Section 3(b) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 3a. Collection and Disbursement Unit.

"(a) The IV-D agency is established as the centralized Collection and Disbursement Unit for the collection and disbursement of support payments and shall operate the CDU either directly or through a contract or cooperative agreement with another entity.

"(b) The Collection and Disbursement Unit shall collect and disburse support payments under the following support orders, and obligors and holders required to pay support pursuant to these orders shall submit payments to the CDU for disbursement to the obligee:

"(1) All support orders enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.);

"(2) All support orders not enforced by the IV-D agency where the support order was initially issued in the District on or after January 1, 1994, and for which withholding of the obligor's earnings or other income has commenced; and

"(3) All other support orders for which the Court has ordered that payments be made through the Collection and Disbursement Unit, or for which withholding of the obligor's earnings or other income has commenced.

"(c) The IV-D agency shall operate the Collection and Disbursement Unit in coordination with the automated system the IV-D agency maintains pursuant to section 27j.

"(d)(1) The Collection and Disbursement Unit shall use automated procedures, electronic processes, and computer-driven technology, to the maximum extent that is feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures:

"(A) For receipt of payments from obligors, holders, and other states, and for disbursements to obligees, the IV-D agency, and the IV-D agencies of other states;

"(B) For accurate identification of payments;

"(C) To ensure prompt disbursement of each obligee's share of any payment; and

"(D) To furnish to any obligor or obligee, upon request, timely information on the current status of support payments required to be made through the Collection and Disbursement Unit pursuant to subsection (b) of this section.

"(2) The Collection and Disbursement Unit shall not be required to convert and maintain, in automated form, records of payments made before August 22, 1996, for support orders subject to withholding that are not enforced by the IV-D agency.

"(e) The Collection and Disbursement Unit shall disburse all amounts payable within 2 business days after receipt from the employer or other holder if sufficient information identifying the payee is provided. The Collection and Disbursement Unit may delay the disbursement of collections toward arrearages until any appeal with respect to such arrearages has been resolved."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR ).

For temporary (225 day) addition of section, see § 107(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of § 30-502.1 [1981 Ed.], see § 7(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(b) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(b) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of § 30-502.1 [1981 Ed.], see § 107(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) authorization of a centralized support payment collection and distribution unit, see § 107(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of § 30-502.1 [1981 Ed.], see § 107(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of § 30-502.1 [1981 Ed.], see § 107(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) authorization of a centralized support payment collection and distribution unit, see § 107(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(b) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(b) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(b) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(b) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(b) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.

Prior Codifications

1981 Ed., § 30-503.

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-504.

Effect of Amendments

D.C. Law 13-269 added the last sentence to subsec. (a).

D.C. Law 15-130, in the last sentence of subsec. (a), substituted "reviewed or modified pursuant to § 16-916.01(o)(2) or (o)(2A)" for "reviewed pursuant to § 16-916.1(o)(2)".

D.C. Law 15-357 added subsec. (d).

D.C. Law 16-138, in subsec. (a), substituted "§ 16-916.01(r)(3) or (r)(4)" for "§ 16-916.01(o)(2) or (o)(2A)"; and added par. (d)(3).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 203(a) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14- 238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 203(a) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

Section 3(c) of D.C. Law 16-42 added subsec. (d)(3) to read as follows:

"(3) Incarceration for contempt for failure to pay child support pursuant to section 26b shall not constitute a change in circumstances sufficient to warrant a modification of support under subsection (a) of this section."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114), § 7(c) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(c) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(c) and (d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(c) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 203(a) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14- 485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 203(a) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 203(a) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15- 208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 203(a) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (90 day) amendment of section, see § 3(c) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(c) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

Law 7-47 was introduced in Council and assigned Bill No. 7-92, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 14, 1987, and September 29, 1987, respectively. Signed by the Mayor on October 16, 1987, it was assigned Act No. 7-80 and transmitted to both Houses of Congress for its review.

For D.C. Law 13-269, see notes following § 46-201.

Law 15-130, the "Medical Support Establishment and Enforcement Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-219, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 2, 2003, and January 6, 2004, respectively. Signed by the Mayor on January 28, 2004, it was assigned Act No. 15-331 and transmitted to both Houses of Congress for its review. D.C. Law 15-130 became effective on March 30, 2004.

Law 15-357, the "Omnibus Public Safety Ex-offender Self-sufficiency Reform Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-785, which was referred to the Committee on Judiciary.  The Bill was adopted on first and second readings on November 9, 2004, and December 21, 2004, respectively.   Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-744 and transmitted to both Houses of Congress for its review.  D.C. Law 15-357 became effective on May 24, 2005.

For Law 16-138, see notes following § 16-916.01.

Effective Dates

Applicability: Section 4 of D.C. Law 16-138 provides: "This act shall apply as of April 1, 2007."

Prior Codifications

1981 Ed., § 30-505.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"All Court orders or decrees directing the payment of child or spousal and child support, whether they are original orders or modifications of existing orders, shall contain the following information in addition to the notice required by § 46-206:

"(1) For an original support order or modification of a support order that is effective on or after January 1, 1994, notice that support payments shall be withheld from earnings or other income immediately, unless the Court finds there is good cause not to impose immediate withholding or the parties agree in writing to an alternative method of payment;

"(1A) In the case of a support order that is issued or modified on or after November 1, 1990, a finding of good cause not to require immediate withholding shall be based on at least:

"(A) A written explanation by the court of why immediate wage withholding would not be in the best interest of the child; and

"(B) If the modification of a support order is at issue, a written explanation that there is proof of timely payment of previously ordered support obligations;

"(2) Notice that if withholding commences, all payments shall be made through the Court registry and any other payments shall be considered a gift and shall not offset the duty of support ordered by the Court; and

"(3) A provision that directs the absent parent to keep the IV-D Program informed of the absent parent's current employer, and whether the parent has access to health coverage at a reasonable cost and, if so, the health policy information."

D.C. Law 15-130 rewrote par. (5) which had read:

"(5) Notice that if the obligor provides health insurance coverage for the child and changes to another employer that provides health care coverage, the IV-D agency or the Collection and Disbursement Unit will notify the new employer of the health insurance coverage provision in the support order, and that receipt of the notice by the employer shall operate to enroll the child in the obligor's health plan with his new employer, unless the obligor contests the notice in accordance with rules adopted by the Mayor or the Superior Court, as appropriate; and"

D.C. Law 15-205, in pars. (3) and (4), substituted "Court" for "Collection and Disbursement Unit"; in par. (5), validated a previously made technical correction; and rewrote par. (6) which had read as follows:

"(6) Notice that the amount and name of the obligor and obligee of all support orders entered, modified, registered, or enforced in the District after December 23, 1997 shall be reported to a consumer credit reporting agency if the obligor's support obligations are over 30 days past due."

D.C. Law 16-100 rewrote the section, which had read:

"All support orders, whether they are original orders or modifications of existing orders, shall contain the following information in addition to the notice required by § 46-206:

"(1) For an original support order or modification of a support order that is effective on or after January 1, 1994, notice that support payments shall be withheld from earnings or other income immediately, unless the Court finds there is good cause not to impose immediate withholding or the parties agree in writing to an alternative method of payment;

"(1A) In the case of a support order that is issued or modified on or after November 1, 1990, notice that a finding of good cause not to require immediate withholding shall be based on at least:

"(A) A written explanation by the court of why immediate wage withholding would not be in the best interest of the child; and

"(B) If the modification of a support order is at issue, a written explanation that there is proof of timely payment of previously ordered support obligations;

"(2) Notice that if withholding commences, all payments shall be made through the Collection and Disbursement Unit and any other payments shall be considered a gift and shall not offset the duty of support ordered by the Court;

"(3) A provision that directs the parties to file and update with the IV-D agency and with the Court the information required by § 46-226.02;

"(4) Terms providing for the payment of the child's medical expenses, whether or not health insurance is available to pay for those expenses, which shall include a provision directing the obligor and obligee to notify the IV-D agency and the Court of the following:

"(A) Any change in either the obligor's or the obligee's access to health insurance coverage for the child or the reasonableness of the costs of coverage; and

"(B) All health insurance policy information necessary to enroll the child in the health insurance to which the obligor or obligee has access;

"(5) Notice that if the obligor is required under the support order to provide health insurance coverage for a child, the obligor's employer will, upon receipt of notice of the health insurance coverage provision, enroll the child in health insurance coverage and deduct the premiums from the obligor's earnings in accordance with §§ 1-307.41, 1-307.42, and subchapter II of this chapter.

"(6) Notice that the amount and name of the obligor and obligee of all support orders entered, modified, registered, or enforced in the District after December 23, 1997 shall be reported to a consumer credit reporting agency if the obligor owes overdue support in the amount of $1000 or more. "

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(a) of Child Support Enforcement Temporary Amendment Act of 1994 (D.C. Law 10-210, March 14, 1995, law notification 42 DCR 1526).

For temporary (225 day) amendment of section, see § 2(a) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(a) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 203(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 203(b) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

Section 3(d) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 6. Contents of support order.

"All support orders, whether they are original orders or modifications of existing orders, shall contain the following:

"(1) A provision requiring the withholding of support payments from the obligor's earnings or other income in accordance with this act;

"(2) Notice that the support order shall be enforceable by withholding as specified in sections 8 and 8a;

"(3) Notice that payments required by a support order specified in section 3a(b) shall be made through the Collection and Disbursement Unit and any other payments shall be considered a gift and shall not offset the duty of support;

"(4) A provision that directs the parties to file and update the information specified in section 27b with the IV-D agency and the Court in accordance with that section;

"(5) Terms providing for the payment of the child's medical expenses, whether or not health insurance is available to pay for those expenses, which shall include a provision directing the obligor and obligee to notify the IV-D agency and the Court of the following:

"(A) Any change in either the obligor's or the obligee's access to health insurance coverage for the child or the reasonableness of the costs of coverage; and

"(B) All health insurance policy information necessary to enroll the child in the health insurance to which the obligor or obligee has access;

"(6) Notice that if the obligor is required under the support order to provide health insurance coverage for a child, the obligor's employer will, upon receipt of notice of the health insurance coverage provision, enroll the child in health insurance coverage and deduct the premiums from the obligor's earnings in accordance with sections 2 and 3 of the Medicaid Benefits Protection Act of 1994, effective March 14, 1995 (D.C. Law 10-202; D.C. Official Code §§ 1-307.41, 1-307.42), and the Medical Support Establishment and Enforcement Amendment Act of 2004, effective March 30, 2004 (D.C. Law 15- 130; D.C. Official Code § 46-251.01 et seq.);

"(7) Notice that the amount and name of the obligor and obligee of all support orders entered, modified, registered, or enforced in the District after December 23, 1997 shall be reported to a consumer credit reporting agency if the obligor owes overdue support in the amount of $1,000 or more;

"(8) The name, address, and telephone number of the obligor's current employer; and

"(9) Notice that an order to withhold may be changed upon a motion by a party or the IV-D agency for a reapportionment of periodic arrears payments pursuant to section 9(c)."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2(a) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(a) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and § 2(a) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary amendment of section, see § 7(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of § 30-505.1 [1981 Ed.], see § 7(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 7(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(d) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 7(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(d) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary addition of § 30-505.1 [1981 Ed.] see § 7(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(e) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(e) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) authorization of inclusion of social security numbers in records, see § 107(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) authorization of inclusion of social security numbers in records, see § 107(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) authorization of inclusion of social security numbers in records, see § 107(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 108(d) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 203(b) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 203(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 203(b) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 203(b) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (90 day) amendment of section, see § 3403(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(d) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(d) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 8-150, see Historical and Statutory Notes following § 46-224.01.

Law 10-217, the "'Child Support Enforcement Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-740, which was referred to the Committee on the Judiciary with comments from the Committee on Human Services. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 15, 1994, it was assigned Act No. 10-354 and transmitted to both Houses of Congress for its review. D.C. Law 10-217 became effective on March 16, 1995.

Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.

Law 11-170, the "Child Support Enforcement Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-288, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 4, 1996, and July 6, 1996, respectively. Signed by the Mayor on July 19, 1996, it was assigned Act No. 11-317 and transmitted to both Houses of Congress for its review. D.C. Law 11-170 became effective on April 9, 1997.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-130, see notes following § 46-204.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Effect of Amendments

D.C. Law 16-100, in the section heading, deleted "child and spousal" preceding "support"; and deleted "Superior" preceding "Court".

Temporary Amendments of Section

Section 3(e) of D.C. Law 16-42, deleted "child and spousal"from the section heading; and deleted "Superior".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of § 30-505.1 [1981 Ed.], see § 7(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of § 30-505.1 [1981 Ed.] see § 7(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(e) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(e) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) authorization of inclusion of social security numbers in records, see § 107(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) authorization of inclusion of social security numbers in records, see § 107(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) authorization of inclusion of social security numbers in records, see § 107(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(e) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(e) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(e) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-506.

Effect of Amendments

D.C. Law 13-269 substituted "existing support order" for "existing child support order" in subsec. (a); added "or" at the end of subsec. (b)(1)(B); and inserted subsec. (b-1).

D.C. Law 15-205 rewrote subsec. (b-1) which had read as follows:

"(b-1) In any support enforcement action following entry of a support order, upon showing that a diligent effort, which includes more than a search of IV-D agency and Collection and Disbursement Unit records, has been made to ascertain the location of a party, the Superior Court shall accept as adequate service on the party delivery by first-class mail of any pleading or notice to the most recent residential or employer address filed by the party with the IV-D agency or the Collection and Disbursement Unit pursuant to § 46-226.02."

D.C. Law 16-100, redesignated subsec. (b-1) as (f); added subsec. (e); and rewrote subsecs. (a) and (c), which had read as follows:

"(a) In any case brought in Court under § 11-1101(1), (3), (10), or (11), involving the establishment of child support or in any case seeking to modify an existing support order, notice shall be issued to the alleged responsible relative by the Clerk of the Family Division of the Court stating that a hearing to determine the matter of child support has been scheduled. This hearing shall be scheduled within 45 days from the date the application is filed by the Clerk."

"(c) The notice shall include the following information:

"(1) The name of the person for whom support is being claimed;

"(2) A demand that the alleged responsible relative attend a hearing and the date, time, and place of the hearing;

"(3) An explanation of the possible consequences of the alleged responsible relative's failure to attend the scheduled hearing;

"(4) The demand that the alleged responsible relative bring to the hearing any record in the relative's possession of earnings received in the past 2 years, including receipts for earnings provided by an employer, or any wage and tax statements prepared by an employer setting forth earnings for tax purposes;

"(5) Notice that the alleged responsible relative may be represented by counsel at any stage of the proceedings; and

"(6) An explanation that a request for a continuance may result in the setting of interim support or the posting of collateral."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(f) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(f) of D.C. Law 16-42, re-designated subsec. (b-1) as subsec. (f); and rewrote subsecs. (a) and (c), and added subsec. (e) to read as follows:

"(a) In any case brought in Court under D.C. Official Code § 11-1101(a)(1), (3), (10), or (11) involving the establishment of support, the Clerk of the Court shall issue notice to the alleged responsible relative stating that a hearing to determine the matter of support has been scheduled. This hearing shall be scheduled within 45 days after the date the application is filed."

"(c) The notice shall include the following:

"(1) The name of the person for whom support is being claimed;

"(2) A demand that the alleged responsible relative attend a hearing and the date, time, and place of the hearing;

"(3) An explanation of the possible consequences of the alleged responsible relative's failure to attend the scheduled hearing;

"(4) A demand that the alleged responsible relative bring to the hearing any record in the relative's possession of earnings received in the past 2 years, including receipts for earnings provided by an employer, or any wage and tax statements prepared by an employer setting forth earnings for tax purposes;

"(5) Notice that the alleged responsible relative may be represented by counsel at any stage of the proceedings;

"(6) An explanation that a request for a continuance may result in the setting of interim support or the posting of collateral; and

"(7) A copy of the complaint or petition."

"(e) Where a party is seeking a modification of a support order:

"(1) The Clerk of the Court shall issue notice to the opposing party:

"(A) Stating that a hearing to determine the matter of support has been scheduled;

"(B) Containing the information stated in subsection (c) of this section; and

"(C) Including a copy of the motion for modification;

"(2) The hearing shall be scheduled within 45 days after the date the application is filed; and

"(3) Personal service on the opposing party may be made in accordance with subsection (b) or (f) of this section."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(f) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(f) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(f) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(f) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(f) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(f) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(f) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(d) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(d) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(f) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(f) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 9-5, see Historical and Statutory Notes following § 46-226.01.

For legislative history of D.C. Law 9-39, see Historical and Statutory Notes following § 46-226.01.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-507.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"(a) The Court shall be the instrumentality for withholding earnings and other income under this chapter.

"(a-1) For an original support order or modification of a support order that is effective on or after January 1, 1994, notice that support payments shall be withheld from earnings or other income immediately, unless the Court finds there is good cause not to impose immediate withholding or the parties agree in writing to an alternative method of payment.

"(b) All Court orders or decrees directing the payment of child or spousal and child support, whether they are original orders or modifications of existing orders, shall contain the following:

"(1) Notice that support payments shall be withheld from earnings or other income as provided in subsection (a-1) of this section;

"(2) The name, address, and telephone number of the obligor's current employer and a provision that the obligor has a duty to notify the Court within 10 days of any change of this information;

"(3) Notice that a withholding order may be changed upon motion from either party to request a reapportionment of periodic arrears payments to reflect a change in the obligor's ability to pay;

"(4) In the case of a support order that is issued or modified on or after November 1, 1990, a finding of good cause not to require immediate withholding shall be based on at least:

"(A) A written explanation by the court of why immediate wage withholding would not be in the best interest of the child; and

"(B) If the modification of a support order is at issue, a written explanation that there is proof of timely payment of previously ordered support obligations; and

"(5) A provision that directs the absent parent to keep the IV-D Program informed of whether the absent parent has access to health coverage at a reasonable cost and, if so, the health policy information.

"(c) The following orders shall be enforceable by means of withholding earnings or other income:

"(1) Any order for child support with an income withholding order under § 16- 916, Chapter 7 of this title, or § 4-213.01;

"(2) Any order for a wage garnishment or wage assignment for child support in effect on February 24, 1987, to the extent that the order does not exceed the maximum amounts permitted under 15 U.S.C. § 1673(b);

"(3) Any Court order or final decree of divorce requiring the payment of child support by a parent;

"(4) Any separation agreement requiring the payment of child support by a parent;

"(5) Any order registered pursuant to Chapter 7 of this title;

"(6) Any support order of another jurisdiction that has been docketed pursuant to § 46-222; and

"(7) Any order for spousal support when it is part of a child support obligation that is being enforced under Part D of Subchapter IV of the Social Security Act (42 U.S.C. § 651 et seq.), and the spouse or former spouse is living with the child."

D.C. Law 15-130 rewrote par. (6) of subsec. (b) which had read:

"(6) Notice that if the obligor provides health insurance coverage for the child and changes to another employer that provides health care coverage, the IV-D agency or the Collection and Disbursement Unit will notify the new employer of the health insurance coverage provision in the support order, and that the employer's receipt of the notice from the IV-D agency or Collection and Disbursement Unit shall operate to enroll the child in the obligor's health plan with the new employer, unless the obligor contests the notice in accordance with rules adopted by the Mayor or the Superior Court, as appropriate;"

D.C. Law 15-205, in subsec. (a-1), substituted "Court" for "Collection and Disbursement Unit"; in subsec. (b), substituted "IV-D agency and the Court" for "Collection and Disbursement Unit" in par. (2), substituted "Court" for "Collection and Disbursement Unit" in par. (5), validated a previously made technical correction in par. (6), rewrote par. (7), and, in par. (8), substituted "Court" for "Collection and Disbursement Unit". Prior to amendment, par. (7) of subsec. (b) had read as follows:

"(7) Notice that the amount and name of the obligor and obligee of all support orders entered, modified, registered, or enforced in the District after December 23, 1997, shall be reported to a consumer credit reporting agency if the obligor's support obligations are over 30 days past due; and".

D.C. Law 16-100 rewrote the section, which had read:

"(a) Repealed.

"(a-1) For an original support order or modification of a support order that is effective on or after January 1, 1994, or that is effective on or after November 1, 1990 in cases being enforced pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), the Court shall direct immediately the withholding of support payments sufficient to satisfy the obligation from earnings or other income, unless the Court finds there is good cause not to impose immediate withholding, or the parties agree in writing to an alternative method of payment. Withholding implemented pursuant to this subsection shall be deemed immediate withholding.

"(a-2) A finding of good cause not to impose immediate withholding pursuant to subsection (a-1) of this section shall be based on at least:

"(1) A written finding and explanation by the Court establishing the reasons that implementing immediate withholding would not be in the best interests of the child; and

"(2) Proof of timely payment of previously ordered support in cases involving the modification of support orders.

"(a-3) A written agreement to an alternative method of payment shall be signed by the parties, and by the IV-D agency in cases where there has been an assignment of support rights to the District of Columbia. The agreement shall be submitted to the Court for its review and approval, and entered into the Court's record.

"(b) All support orders, whether they are original orders or modifications of existing orders, shall contain the following:

"(1) Notice that support payments shall be withheld from earnings or other income as provided in subsection (a-1) of this section;

"(2) The name, address, and telephone number of the obligor's current employer and a provision that the obligor has a duty to notify the IV-D agency and the Court within 10 days of any change of this information;

"(3) Notice that a withholding order may be changed upon motion from either party to request a reapportionment of periodic arrears payments to reflect a change in the obligor's ability to pay;

"(4) In the case of a support order that is issued or modified on or after November 1, 1990, notice that a finding of good cause not to require immediate withholding shall be based on at least:

"(A) A written explanation by the court of why immediate wage withholding would not be in the best interest of the child;

"(B) If the modification of a support order is at issue, a written explanation that there is proof of timely payment of previously ordered support obligations; and

"(5) Terms providing for the payment of the child's medical expenses, whether or not health insurance is available to pay for those expenses, which shall include a provision directing the obligor and obligee to notify the IV-D agency, and the Court, of the following:

"(A) Any change in either the obligor's or the obligee's access to health insurance coverage for the child or in the reasonableness of the costs of coverage; and

"(B) All health insurance policy information necessary to enroll the child in the health insurance to which the obligor or obligee has access;

"(6) Notice that if the obligor is required under the support order to provide health insurance coverage for a child, the obligor's employer will, upon receipt of notice of the health insurance coverage provision, enroll the child in health insurance coverage and deduct the premiums from the obligor's earnings in accordance with §§ 1-307.41, 1-307.42, and subchapter II of this chapter.

"(7) Notice that the amount and name of the obligor and obligee of all support orders entered, modified, registered, or enforced in the District after December 23, 1997, shall be reported to a consumer credit reporting agency if the obligor owes overdue support in the amount of $1000 or more.

"(8) A provision that directs the parties to file and update with the IV-D agency and with the Court the information required by § 46-226.02.

"(c) The following orders shall be enforceable by means of withholding earnings or other income:

"(1) Any support order with an income withholding order under § 16-916; Chapter 3 of this title; or § 4-213.01;

"(2) Any order for a wage garnishment or wage assignment for child support in effect on February 24, 1987, to the extent that the order does not exceed the maximum amounts permitted under 15 U.S.C. § 1673(b);

"(3) Any Court order or final decree of divorce requiring the payment of child support by a parent;

"(4) Any separation agreement requiring the payment of child support by a parent;

"(5) Any order registered for enforcement pursuant to Chapter 3 of this title;

"(6) Any support order entered in another jurisdiction against an obligor who has earnings or other income in the District of Columbia; and

"(7) Any order for spousal support when it is part of a child support obligation that is being enforced under Part D of Subchapter IV of the Social Security Act (42 U.S.C. § 651 et seq.), and the spouse or former spouse is living with the child."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(b) of Child Support Enforcement Temporary Amendment Act of 1994 (D.C. Law 10-210, March 14, 1995, law notification 41 DCR 1526).

For temporary (225 day) amendment of section, see § 2(b) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(b) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 7(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

For temporary (225 day) amendment of section, see § 203(c) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2002 (D.C. Law 14-238, March 25, 2003, law notification 50 DCR 2751).

For temporary (225 day) amendment of section, see § 203(c) of Medical Support Establishment and Enforcement Temporary Amendment Act of 2003 (D.C. Law 15-84, March 10, 2004, law notification 51 DCR 3376).

Section 3(g) of D.C. Law 16-42 rewrote section to read as follows:

Sec. 8. Enforcement by withholding.

"(a) All support orders, whether they are original orders or modifications of existing orders, that are effective on or after January 1, 1994, or that are effective on or after November 1, 1990 in cases being enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), shall be immediately enforceable by withholding, unless the Court finds there is good cause not to require immediate withholding or the parties agree in writing to an alternative method of payment.

"(b) A finding of good cause not to require immediate withholding pursuant to subsection (a) of this section shall be based on at least:

"(1) A written finding and explanation by the Court establishing the reasons that immediate withholding would not be in the best interests of the child; and

"(2) Proof of timely payment of previously ordered support in cases involving the modification of support orders.

"(c) A written agreement to an alternative method of payment shall be signed by the parties, and by the IV-D agency for support orders being enforced by the IV-D agency. The agreement shall be submitted to the Court for its review and approval, and entered into the Court's record.

"(d) All support orders being enforced by the IV-D agency that are not immediately enforceable by withholding under subsection (a) of this section, including support orders subject to a finding of good cause or a written agreement to an alternative method of payment, shall become enforceable by withholding on the earliest of:

"(1) The date the obligor requests that the withholding begin;

"(2) The date the custodian requests that the withholding begin; provided, that the IV-D agency approves the request pursuant to procedures the IV-D agency adopts for determining that withholding is in the best interests of the child; or

"(3) The date on which arrearages equal one month of support payments.

"(e) A support order shall be enforceable by withholding pursuant to subsection (a) or (d) of this section regardless of whether or not the Court has entered an order authorizing withholding as a means of enforcement.

"(f) All support orders not enforceable by withholding under subsection (a) or (d) of this section shall be enforceable by withholding on the effective date of a court order authorizing the withholding. The Court shall enter an order authorizing withholding, at the request of a party, upon a showing that:

"(1) Arrearages equal one month of support payments; or

"(2) Withholding is in the best interests of the child."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

Section 3(h) of D.C. Law 16-42 added section to read as follows:

"Sec. 8a. Implementation of withholding.

"(a) The IV-D agency shall implement withholding for support orders enforceable by withholding pursuant to section 8 by issuing an order to withhold in the format prescribed by federal law and serving this order on the holder of the obligor's earnings or other income as follows:

"(1) For support orders that are immediately enforceable by withholding pursuant to section 8(a), within 2 business days after the date the support order is received if the holder's address is known, or, if the holder's address is unknown, within 2 business days after receiving or locating the holder's address.

"(2) For support orders that become enforceable by withholding pursuant to section 8(d), within 2 business days after the date the support order becomes enforceable by withholding if the holder's address is known, or, if the holder's address is unknown, within 2 business days after receiving or locating the holder's address.

"(3) For support orders enforceable by withholding pursuant to section 8(f), within 2 business days of receipt of a written request from the Court or a party that includes a copy of the support order and the order authorizing the withholding; provided, that the holder's address is known, or if the holder's address is unknown, within 2 business days after receiving the holder's address.

"(b) If an obligor changes employment while a withholding is in effect, the IV-D agency shall serve an order to withhold on the new holder within 2 business days after receiving or locating the new holder's address.

"(c) For the purpose of this section, the IV-D agency shall be deemed to have received the holder's address on the date the IV-D agency's computerized support enforcement system receives notice of income or an income source from a court, a state, a holder, the Federal Parent Locator Service, or another source recognized by the IV-D agency, or the date information regarding a newly hired employee is entered into the District of Columbia Directory of New Hires pursuant to section 27f. The Court shall provide the IV-D agency with information it receives concerning the name or address of a holder within 2 business days after receiving the information.

"(d) The IV-D agency shall use the automated system it maintains pursuant to section 27j to the maximum extent that is feasible to assist and facilitate the collection and disbursement of support payments and the implementation of withholding, including:

"(1) Transmission of orders to withhold to employers and other holders;

"(2) Ongoing monitoring to promptly identify failures to make timely payment of support; and

"(3) Automatic use of enforcement procedures if payments are not timely made.

"(e) Any person or entity may serve a notice to withhold in the format prescribed by federal law on a holder of an obligor's earnings or other income to inform the holder that the obligor's support order is enforceable by withholding and to require the holder to implement withholding in accordance with this act. A person or entity serving a notice to withhold shall provide a copy of the support order and the order authorizing the withholding to the holder with the notice.

"(f) Notices and orders to withhold may be served without prior notice to the obligor, by in person delivery, certified mail, first-class mail, facsimile, or electronically, if the holder can receive electronic notices."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2(b) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(b) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and see § 2(b) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary amendment of section, see § 7(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act 1997 (D.C. Act 12-222, December 23, 1997, 44DCR 114).

For temporary amendment of section, see § 7(g) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(g) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 7(g) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(g) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(g) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(g) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(g) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 203(c) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2002 (D.C. Act 14-485, October 3, 2002, 49 DCR 9631).

For temporary (90 day) amendment of section, see § 203(c) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-600, January 7, 2003, 50 DCR 664).

For temporary (90 day) amendment of section, see § 203(c) of Medical Support Establishment and Enforcement Emergency Amendment Act of 2003 (D.C. Act 15-208, October 24, 2003, 50 DCR 9856).

For temporary (90 day) amendment of section, see § 203(c) of Medical Support Establishment and Enforcement Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-330, January 28, 2004, 51 DCR 1603).

For temporary (90 day) amendment of section, see § 3403(e) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(e) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(g) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) addition, see § 3(h) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(g) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

For temporary (90 day) addition, see § 3(h) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 8-150, see Historical and Statutory Notes following § 46-224.01.

For legislative history of D.C. Law 10-217, see Historical and Statutory Notes following § 46-205.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-130, see notes following § 46-204.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction in the section name line.

Legislative History of Laws

For Law 16-100, see notes following § 46-201.

Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively.   Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review.   D.C. Law 17-353 became effective on March 25, 2009.

Prior Codifications

1981 Ed., § 30-508.

Effect of Amendments

D.C. Law 13-269, in subsec. (c), rewrote the introductory paragraph which had read: "Notwithstanding §§ 46-209(a) and 46-210(e)(2), cases not subject to immediate withholding shall become subject to immediate withholding upon request, regardless of whether there is an arrearage, on the earliest of:", deleted '; or" at the end of par. (2), added "; or" at the end of par. (3), and added a new par. (4); and added new subsecs. (d) and (e).

D.C. Law 15-205 rewrote subsec. (b); and, in subsecs. (c) and (e), substituted "Court" for "Collection and Disbursement Unit". Prior to amendment, subsec. (b) had read as follows:

"(b) The Mayor shall establish a procedure for the prompt return to an obligor of any overpayment pursuant to § 46-227."

D.C. Law 16-100 rewrote section, which had read:

"(a) Notwithstanding any other provision of subchapter II or III of Chapter 5 of Title 16, where a withholding is levied upon earnings or other income, the withholding shall:

"(1) Not exceed the limitations set forth under 15 U.S.C. § 1673(b);

"(2) Be binding upon each present and future holder upon whom a copy of the notice of withholding is served until the holder is notified of its termination; and

"(3) Have priority over any legal process under District law.

"(b) The Collection and Disbursement Unit shall establish procedures for the prompt return to an obligor of any amounts that have been improperly withheld.

"(c) The Court shall initiate withholding in cases not subject to immediate withholding pursuant to § 46-207(a-1) on the earliest of:

"(1) The date an absent parent requests the withholding;

"(2) The date a custodial parent requests the withholding and the IV-D agency approves the request;

"(3) Any earlier date the IV-D agency may select; or

"(4) The date on which arrearages equal one month of support payments.

"(d) Nothing in this subchapter shall be construed to require a judicial or administrative hearing before initiation of withholding.

"(e) At the request of a party or entity initiating a registration for enforcement of a support order entered in another jurisdiction pursuant to Chapter 3 of this title, the Court shall implement withholding in the same manner and subject to the same procedures as an order issued by a tribunal of the District of Columbia."

D.C. Law 17-353 validated a previously made technical correction in the capitalization of "subchapter" in subsec. (a).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(i) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 9. Withholding.

"(a) Notwithstanding any other provision of Subchapter II or III of Chapter 5 of Title 16, where a notice or order to withhold is served on a holder of an obligor's earnings or other income, the withholding shall be for an amount sufficient to satisfy the obligor's periodic support obligation, an amount equal to 25% of the periodic support obligation if the obligor owes overdue support, and other costs or fees required by the support order.

"(b) When an obligor is no longer subject to a periodic support obligation but owes overdue support, the withholding shall be for the amount of the obligor's most recent periodic support obligation.

"(c) Upon a motion by a party or the IV-D agency, the Court may order withholding of an amount that differs from the amount required for overdue support pursuant to subsection (a) or (b) of this section if the Court finds that the amount required would:

"(1) Cause a substantial hardship to the obligor; or

"(2) Result in an unreasonable delay in the full payment of the overdue support.

"(d) A notice or order to withhold served on a holder in accordance with this act shall have priority over any other legal process under District law, and shall not exceed the limitations set forth under section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).

"(e) The Collection and Disbursement Unit shall establish procedures for the prompt return to an obligor of any amounts it receives that have been improperly withheld.

"(f) Nothing in this act shall be construed to require a judicial or administrative hearing before the implementation of withholding.

"(g) An order to withhold issued in accordance with this act shall be binding on each present and future holder upon whom it is served until the holder is notified of its termination in writing by the Court or the IV-D agency. Upon a motion filed by a party or the IV-D agency, the Court may enforce an order to withhold issued by the IV-D agency in the same manner as the Court may enforce a judicial order, including civil contempt.

"(h) Where a party or entity registers a support order entered in another jurisdiction for enforcement pursuant to the Uniform Interstate Family Support Act of 1995, effective February 9, 1996 (D.C. Law 11-81; D.C. Official Code § 46-301.01 et seq.), withholding shall be implemented in the same manner and subject to the same procedures as a support order entered in the District of Columbia."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(f) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 45 DCR 309), § 7(h) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(h) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(h) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(h) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(h) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(h) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(f) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(f) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(i) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(i) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 9-5, see Historical and Statutory Notes following § 46-226.01.

For legislative history of D.C. Law 9-39, see Historical and Statutory Notes following § 46-226.01.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

For Law 17-353, see notes following § 46-207.01.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-509.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"§ 46-209. Notice of intent to withhold.

"(a) For any order listed in § 46-207(c)(1), (2), (3), (4), or (7) where there are arrearages equal to 30 days of support payments, any caretaker, custodian, responsible relative, or the Mayor may apply to the Clerk of the Court to issue a notice of intent to withhold and the Clerk of the Court shall issue to the obligor, by certified mail, a notice of intent to withhold and shall certify the date the notice is mailed. The Mayor shall apply to the Clerk of the Court to issue a notice of intent to withhold in all child support cases in which a child support order was issued effective before October 1, 1990, and being enforced under 42 U.S.C. § 651 et seq., where there are arrearages equal to 30 days of support payments.

"(b) For any order listed in § 46-207(c)(5) or (6), any caretaker, custodian, responsible relative, or agency may apply to the Clerk of the Court to issue a notice of intent to withhold upon compliance with the requirements of § 46- 222. The Clerk of the Court shall issue to the obligor by certified mail a notice of intent to withhold and shall certify the date the notice is mailed.

"(c) The notice of intent to withhold as required in subsections (a) and (b) of this section shall include the following:

"(1) A statement of any arrearage that has accrued, the support obligation that is accruing, and the periodic amount required to be paid in the future;

"(2) A statement that the obligor's earnings or other income shall be withheld in the amount specified in the notice;

"(3) A statement that the withholding shall apply to any current and subsequent periods of employment;

"(4) A statement that, unless the obligor files an objection to contest the withholding within 15 days of the date the notice was mailed to the obligor, the Clerk of the Court will notify the holder to commence the withholding;

"(5) A statement that the obligor has the right to contest the withholding, a statement of the procedures available for contesting the withholding, and a statement that the only basis for contesting is a mistake of fact as defined in § 46-210(c);

"(6) A statement of the actions that will be taken if the obligor contests the withholding;

"(7) A statement that, within 10 days after termination or change of employment or change of the obligor's home address, the obligor shall notify the Court and provide the following information:

"(A) The obligor's social security number;

"(B) The obligor's home address and telephone number; and

"(C) The name, address, and telephone number of the obligor's employer; and

"(8) The time period within which the withholding shall begin and the information given to the holder pursuant to § 46-211.

"(d)(1) In the case of wages not subject to immediate withholding, including cases subject to a finding of good cause or a written agreement, the court shall issue advance notice of initiated withholding to the absent parent on the earliest of the following dates:

"(A) If the absent parent's address is known:

"(i) Within 15 days of the date on which the arrearages equal support payable for 1 month:

"(ii) The date on which the absent parent requests payment to begin, if the date is approved by the court; or

"(iii) A date established by the court pursuant to child support procedures; or

"(B) If the parent's address is not known, within 15 calendar days of locating the parent.

"(2) The advance notice shall include the information set forth in subsection (c) of this section."

D.C. Law 15-205, in subsec. (a), substituted "Court" for "Collection and Disbursement Unit"; and, in par. (7) of subsec. (c), substituted "IV-D agency and the Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) For any support order subject to initiated withholding pursuant to § 46- 208(c), the Court shall issue to the obligor, by certified mail, a notice of withholding and shall certify the date the notice is mailed.

"(b) Repealed.

"(c) The notice of withholding shall include the following:

"(1) Notice that withholding has commenced;

"(2) A statement of any arrearage that has accrued, the support obligation that is accruing, and the periodic amount required to be paid in the future;

"(3) A statement that the obligor's earnings or other income shall be withheld in the amount specified in the notice;

"(4) A statement that the withholding shall apply to any current and subsequent periods of employment;

"(5) A statement that the obligor has the right to contest the withholding, a statement of the procedures available for contesting the withholding, and a statement that the only basis for contesting the withholding is a mistake of fact as defined in § 46-210(c);

"(6) A statement of the actions that will be taken if the obligor contests the withholding;

"(7) A statement that, within 10 days of termination or change of the obligor's employment, or change of the obligor's home address, the obligor shall notify the IV-D agency and the Court of the termination or change and provide the following information:

"(A) The obligor's social security number;

"(B) The obligor's residential and mailing address and telephone number;

"(C) The name, address, and telephone number of all of the obligor's employers, including all names under which each employer does business, and, if the obligor is self-employed, the obligor's business address and all names under which the obligor does business;

"(D) The obligor's driver's license number; and

"(8) A statement of the information given to the holder pursuant to 46-211.

"(d)(1) In the case of wages subject to initiated withholding, including cases subject to a finding of good cause or a written agreement, the court shall issue a notice of withholding to the absent parent on the earliest of the following dates:

"(A) If the absent parent's address is known:

"(i) Within 15 days of the date on which the arrearages equal support payable for 1 month;

"(ii) The date on which the obligor requests payment to begin;

"(iii) A date established by the court pursuant to child support procedures; or

"(iv) The date on which the obligee requests withholding or, for orders being enforced pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), the date the IV-D agency approves the request; or

"(B) If the parent's address is not known, within 15 calendar days of locating the parent.

"(2) The notice shall include the information set forth in subsection (c) of this section."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(c) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(c) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(g) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 7(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(i) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(j) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 10. Notice of withholding to the obligor.

"(a) If a support order becomes enforceable by withholding pursuant to section 8(d), the IV-D agency shall send a notice of withholding to the obligor and shall certify the date the notice is mailed.

"(b) The notice of withholding to the obligor shall include the following:

"(1) Notice that withholding has commenced;

"(2) A statement of any arrearage that has accrued, the amount of the support obligation that is accruing, and the periodic amount required to be paid in the future;

"(3) A statement of the amount of the obligor's earnings or other income that shall be withheld;

"(4) A statement that the withholding shall apply to any current and subsequent employer or period of employment;

"(5) A statement that the obligor has the right to object to the withholding, a statement of the procedures available for objecting to the withholding, and a statement that the only basis for objecting to the withholding is a mistake of fact as defined in section 11(c);

"(6) A statement of the actions that will be taken if the obligor objects to the withholding; and

"(7) A statement of the information given to the holder pursuant to section 12.

"(c) The IV-D agency shall send the notice of withholding to the obligor within 15 days after serving the order to withhold on the holder."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2(c) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(c) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and § 2(c) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary amendment of section, see § 7(g) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(i) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(i) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 7(i) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(i) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(i) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(i) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(i) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(g) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(g) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) addition of section, see § 3(j) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(j) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 8-150, see Historical and Statutory Notes following § 46-224.01.

For legislative history of D.C. Law 11-170, see Historical and Statutory Notes following § 46-205.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-510.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"(a) The Clerk shall issue the notice of withholding pursuant to § 46-211 unless the obligor files an objection to contest the withholding pursuant to this section within 15 days after the notice of intent to withhold is mailed.

"(b) The notice to the holder pursuant to § 46-211 shall be sent within 45 days of the date that the notice of intent to withhold was sent to the obligor pursuant to subsection (a) and this subsection. Any objections raised by the obligor shall be resolved within 45 days from the date that the notice of intent to withhold was sent.

"(c) The only grounds for objection by an obligor are mistakes of fact which are defined as:

"(1) The amount of arrears;

"(2) The identity of the obligor; and

"(3) Whether the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b).

"(d) Payment of arrearages after the date of the application to the Clerk of the Court for the issuance of a notice of intent to withhold pursuant to subsection (b) of this section is not a defense to the withholding.

"(e)(1) Objections filed to contest the withholding shall be filed with the Court.

"(2) The Court shall order withholding in all cases except where the identity of the obligor is mistaken or where arrearages have never equaled 30 days of support payments, and shall notify the obligor.

"(3) The notice of withholding shall include the time period within which the withholding shall begin, and shall contain the information given to the holder pursuant to § 46-211.

"(4) The Court shall not grant any request to stay implementation of withholding pending further objections or appeal.

"(5) If the Court determines that the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b), then the Court shall issue a notice of withholding to the holder that complies with those limits.

"(f) Notice to an obligor sent pursuant to § 46-222 shall comply with this section and provisions in § 46-222(a)(3)."

D.C. Law 15-205 rewrote subsec. (d); and, in par. (5) of subsec. (e), deleted "direct the Collection and Disbursement Unit to" following 'The court shall". Prior to amendment, subsec. (d) had read as follows:

"(d) Payment of arrearages after the date of the application to the Collection and Disbursement Unit for the issuance of a notice of withholding pursuant to subsection (b) of this section is not a defense to the withholding."

D.C. Law 16-100 rewrote the section, which had read:

"(a) For support orders subject to immediate or initiated withholding pursuant to § 46-207(a-1) or § 46-208(c), the obligor may contest the withholding by filing with the Court a motion to quash the withholding within 15 days of the date the notice of withholding is mailed. Upon the filing of a motion to quash the withholding, the Collection and Disbursement Unit shall hold in escrow all monies collected pursuant to the withholding until the motion is resolved or the Court orders the release of the escrow.

"(b) The Court shall resolve any motion to quash the withholding within 90 days of the date the notice of withholding was mailed, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion. If the Court finds that additional time is needed to resolve the motion, the Court may release to the obligee any funds held in escrow pursuant to the withholding and order the release of all further payments to the obligee pending further proceedings.

"(c) The only grounds for objection by an obligor are mistakes of fact which are defined as:

"(1) The amount of arrears;

"(2) The identity of the obligor; and

"(3) Whether the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b).

"(d) Payment of arrearages after the date of the issuance of a notice of withholding pursuant to § 46-209 is not a defense to the withholding.

"(e)(1) Motions filed to contest the withholding shall be filed with the Court.

"(2) The Court shall deny the motion in all cases except where the identity of the obligor is mistaken or where arrearages have never equaled one month of support payments, and shall notify the obligor.

"(3) Repealed.

"(4) The Court shall not grant any request to stay implementation of withholding or hold funds in escrow pending further objections or appeal.

"(5) If the Court determines that the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b), the Court shall issue a notice to withhold to the holder that complies with those limits.

"(f) Repealed."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(j) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(j) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(j) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(k) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 11. Objections to withholding.

"(a) An obligor may object to a withholding commenced pursuant to section 8a by filing a motion to quash the withholding with the Court within 15 days after the earlier of the date the notice of withholding was mailed or the date the first payment was withheld.

"(b) The Court shall resolve any motion to quash the withholding within 90 days after service of the motion on the opposing party, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion.

"(c) The only ground for an objection to a withholding is a mistake of fact, which is defined as:

"(1) A mistake in the amount of arrears;

"(2) A mistake in the identity of the obligor; or

"(3) A mistake in the amount of the withholding that causes the amount withheld to exceed the limits specified in section 9 or section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).

"(d) Payment of arrearages after the date of issuance of a notice of withholding to the obligor pursuant to section 10 is not a defense to the withholding.

"(e) The Court shall deny the motion in all cases except where the identity of the obligor is mistaken or, if applicable, where arrearages have never equaled one month of support payments, and shall notify the obligor.

"(f) If the Court determines that the amount to be withheld exceeds the limits of section 9 or section 303(b) of the Consumer Credit Protection Act, the Court shall serve or direct the IV-D agency to serve an order to withhold on the holder that complies with those limits.

"(g) The Court shall deny any request to stay the withholding pending resolution of an objection or appeal."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(j) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 23, 1998, 45 DCR 1923), § 7(j) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(j) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(j) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(j) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(j) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(j) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(h) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(h) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(k) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(k) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-511.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"§ 46-211. Notice of withholding to the holder.

"(a) After issuance of the notice of intent to withhold, and the determination, against the obligor, of any objections raised by the obligor under § 46-210, but within 45 days from the date the notice of intent to withhold was issued to the obligor, the Clerk of the Court shall issue a notice to the holder.

"(a-1) In the case of immediate wage withholding, the Clerk of the Court shall issue a notice to withhold within 15 days of the date the support order is issued if the employer's address is known, or if the employer's address is unknown, within 15 days of locating the employer's address.

"(b) The notice issued under subsections (a) and (a-1) of this section shall explain the following:

"(1) The amount to be withheld for support and other purposes and that the amount to be withheld may not exceed the limits imposed under 15 U.S.C. § 1673(b);

"(2) That, if the holder is the obligor's employer, the holder must send the withheld amount to the Court at the same time the obligor is paid;

"(3) That the holder may deduct and retain an additional $2 for processing costs;

"(4) That the withholding is binding on the holder until further notice by the Court;

"(5) That the holder or employer may be fined in accordance with § 46-219(c) for discharging an obligor from employment, refusing to employ an obligor, or taking disciplinary action against any obligor because of the withholding;

"(6) That, if the holder fails to withhold earnings or other income as required under this chapter, the holder will be liable as specified in § 46-213;

"(7) That the withholding has priority as specified in § 46-208(a)(3);

"(8) That the holder may combine withheld amounts from more than 1 obligor in a single payment and separately identify the portion of the payment that is attributable to each obligor;

"(9) That the holder must withhold according to the requirements of § 46-212; and

"(10) That the holder shall give notice to the Court of termination of employment of the obligor as required by § 46-216."

D.C. Law 15-205, in subsecs. (a), (a-1), (a-2), and pars. (4) and (10) of subsec. (b), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) For support orders subject to immediate or initiated withholding, the Court shall issue a notice to withhold to the holder, which may be issued electronically if the holder can receive electronic notices, without providing prior notice to the obligor.

"(a-1) In the case of immediate withholding pursuant to § 46-207(a-1), the Court shall issue a notice to withhold to the holder within 2 business days of the date the support order is received, if the holder's address is known, or, if the holder's address is unknown, within 2 business days of locating the holder's address.

"(a-2) In the case of initiated withholding pursuant to § 46-208(c), the Court shall issue a notice to withhold to the holder within 2 business days of the date specified in § 46-208(c), if the holder's address is known, or if the holder's address is unknown within 2 business days of locating the holder's address.

"(b) The notice issued under subsections (a), (a-1), and (a-2) of this section shall explain the following:

"(1) The amount to be withheld for support and other purposes and that the amount to be withheld may not exceed the limits imposed under 15 U.S.C. § 1673(b);

"(2) That, if the holder is the obligor's employer, the holder must send the withheld amount to the Collection and Disbursement Unit at the same time the obligor is paid, except as provided in § 46-412(a) and (e);

"(3) That the holder may deduct and retain an additional $2 for processing costs, or, if applicable, an amount permitted under § 46-412(e);

"(4) That the withholding is binding on the holder until further notice by the Court;

"(5) That the holder or employer may be fined in accordance with § 46-219(c) for discharging an obligor from employment, refusing to employ an obligor, or taking disciplinary action against any obligor because of the withholding;

"(6) That, if the holder fails to withhold earnings or other income as required under this subchapter, the holder will be liable as specified in § 46-213;

"(7) That the withholding has priority as specified in § 46-208(a)(3);

"(8) That the holder may combine withheld amounts from more than 1 obligor in a single payment and separately identify the portion of the payment that is attributable to each obligor;

"(9) That the holder must withhold according to the requirements of § 46-212; and

"(10) That the holder shall give notice to the Court of termination of employment of the obligor as required by § 46-216."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(d) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(d) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(h) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

For temporary (225 day) amendment of section, see § 7(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(k) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(l) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 12. Notice to withhold to the holder.

"A notice or order to withhold served pursuant to section 8a shall be issued in the format required by federal law and shall state the following:

"(1) The amount to be withheld, including any fee deducted and retained under section 13;

"(2) That the amount to be withheld shall not exceed the limits imposed under section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b));

"(3) That the holder shall withhold from the obligor's earnings or other income the amount specified in the notice or order to withhold, pay the withheld amount to the Collection and Disbursement Unit within 7 business days after the date the income would have been paid to the obligor, and report to the Collection and Disbursement Unit the date on which the amount was withheld;

"(4) That the holder shall begin withholding no later than the first pay period occurring 10 days after the date the notice or order to withhold was issued;

"(5) That the holder may deduct and retain an additional $ 2 for processing costs or, if applicable, an amount permitted under section 13(e);

"(6) That the withholding is binding on the holder until further notice;

"(7) That the holder may be fined in accordance with section 20(c) for discharging an obligor from employment, refusing to employ an obligor, or taking disciplinary action against an obligor because of the withholding;

"(8) That, if the holder fails to withhold support payments from earnings or other income or remit these payments to the Collection and Disbursement Unit as required under this act, the holder shall be liable as specified in section 14;

"(9) That the withholding has priority over any other legal process under District law;

"(10) That the holder may combine withheld amounts from more than one obligor in a single payment and separately identify the portion of the payment that is attributable to each obligor;

"(11) That the holder shall withhold according to the requirements of section 13; and

"(12) That the holder shall give notice to the IV-D agency of a termination of the obligor's employment as required by section 17."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2(d) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(d) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and § 2(d) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary amendment of section, see § 7(h) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(k) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(k) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(k) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(k) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(k) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(i) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(i) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(l) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(l) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 11-170, see Historical and Statutory Notes following § 46-205.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-512.

Effect of Amendments

D.C. Law 13-269 rewrote subsec. (a);  substituted "Collection and Disbursement Unit" for "Court" in subsec. (b);  and added subsec. (e).   Prior to amendment, subsec. (a) had read:

"(a) A holder required to withhold earnings or other income shall withhold and make payment no later than the first pay period that occurs after 14 days following the date the notice was mailed or no later than the date the applicable income becomes due or otherwise available to the obligor. Thereafter, the holder shall send the required withholding to the Court on the same date the obligor is compensated."

D.C. Law 15-205, in subsec. (b), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) Except as provided in subsection (e) of this section, a holder required to withhold income shall withhold and make payment to the Collection and Disbursement Unit no later than 7 business days after the date the amount would have been paid or credited to the obligor. Thereafter, the holder shall send the required withholding to the Collection and Disbursement Unit on the same date that the obligor is compensated.

"(b) When the holder has received written notice of any legal proceedings challenging the withholding or the judgment or order of support on which it is based, the holder shall continue to withhold the payments from the obligor until receipt of a notice from the Court informing the holder to cease the withholding.

"(c) Any payment made by a holder in conformity with this section shall discharge the liability of the holder to the obligor to the extent of the payment.

"(d) The holder, upon whom a notice of withholding as provided by § 46-211 is served, may deduct and retain from the person's earnings or other income an additional $2 for each deduction made in accordance with the notice. Where the total amount to be withheld, together with a fee, exceeds the limitations set forth in 15 U.S.C. § 1673(b), the amount of withholding shall be reduced by the holder to conform with the limitations, but the amount of the fee shall not be reduced by reason of the limitations.

"(e) Notwithstanding any other provision of this subchapter, if an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor's principal place of employment in determining:

"(1) The employer's fee for processing an income withholding order;

"(2) The maximum amount permitted to be withheld from the obligor's income;

"(3) The time periods within which the employer must implement the income withholding order and forward the support payment;

"(4) The priorities for withholding and allocating income withheld for multiple support obligees; and

"(5) Any withholding terms or conditions not specified in the order."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(l) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(l) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(l) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(m) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 13. Holder's duty to withhold and make payments.

"(a) Except as provided in subsection (e) of this section, a holder that receives a notice or order to withhold issued in accordance with this act shall withhold the specified amount and make payment to the Collection and Disbursement Unit no later than 7 business days after the date the amount would have been paid or credited to the obligor. The holder shall begin withholding no later than the first pay period occurring 10 days after the date the notice or order to withhold was issued.

"(b) If a holder receives notice of any legal proceeding challenging the withholding or the judgment or order of support on which it is based, the holder shall continue to withhold and submit the payments to the Collection and Disbursement Unit until the holder receives written notice from the Court or the IV-D agency directing the holder to cease the withholding.

"(c) Any payment made by a holder in conformity with this section shall discharge the liability of the holder to the obligor to the extent of the payment.

"(d) A holder upon whom a notice or order to withhold has been served may deduct and retain from the obligor's earnings or other income an additional $ 2 for each deduction made in accordance with the notice or order to withhold. Where the total amount to be withheld, together with a fee, exceeds the limitations set forth in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)), the holder shall reduce the amount of the withholding to conform with these limitations, but the amount of the fee shall not be reduced by reason of the limitations.

"(e) Notwithstanding any other provision of this act, if a holder receives a notice or order to withhold issued by another state, the holder shall apply the income withholding law of the state of the obligor's principal place of employment in determining:

"(1) The holder's fee for processing the notice or order to withhold;

"(2) The maximum amount permitted to be withheld from the obligor's income;

"(3) The time periods within which the holder must implement the withholding and forward the support payment;

"(4) The priorities for withholding and allocating income withheld for multiple support obligees; and

"(5) Any withholding terms or conditions not specified in the notice or order to withhold."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(i) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(l) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(l) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(l) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(l) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(l) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(l) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(l) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(l) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(l) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(j) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(j) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(m) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(m) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-513.

Effect of Amendments

D.C. Law 13-269 rewrote subsec. (a) which had read:

"(a) Except as provided in subsection (b) of this section, if a holder fails to withhold earnings or other income in accordance with this chapter, judgment shall be entered against the holder for any amount not withheld and for any reasonable counsel fees and Court costs incurred by the obligor, caretaker, custodian, or their representative."

D.C. Law 16-100, in subsec. (a), substituted "earnings or other income" for "income or other earnings", substituted "obligor, obligee," for "obligor,", and deleted "responsible relative," following "custodian"; and in subsec. (b), substituted "failure to withhold or make payment" for "failure to withhold".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 107(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(n) of D.C. Law 16-42, in subsec. (a), substituted "earnings or other income" for "income or other earnings", substituted "obligor, obligee," for "obligor,", and deleted "responsible relative,"; and in subsec. (b), substituted "failure to withhold or make payment" for "failure to withhold".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 107(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(m) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(m) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(m) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(n) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(n) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-514.

Effect of Amendments

D.C. Law 13-269 substituted "Collection and Disbursement Unit" for "Court" throughout the section.

D.C. Law 15-205, in pars. (3) and (4) of subsec. (a), and in subsecs. (b) and (c), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) Withholding shall terminate:

"(1) When the support obligation has been terminated and the total arrearage has been satisfied;

"(2) When the holder, by reason of termination of employment or other reason, no longer holds earnings or other income payable to the obligor;

"(3) When the payee has failed to give notice to the Court of a change of address as required by subsections (b) and (c) of this section; or

"(4) When the foreign jurisdiction gives notice to the Court that withholding is no longer required.

"(b) If the address of a payee changes, the payee, within a reasonable time, shall notify the Court.

"(c) If, because of the failure of a payee to give notice under this section, the Court is unable, for a 3-month period, to deliver payments owed pursuant to the withholding order, the Court shall return each undeliverable payment to the obligor and inform the holder to cease the withholding."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(m) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(o) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 15. Termination of withholding.

"(a) Withholding shall terminate:

"(1) When the support obligation has been terminated and the total arrearage has been satisfied;

"(2) When the holder, by reason of termination of employment or other reason, no longer holds earnings or other income payable to the obligor;

"(3) When the payee has failed to give notice to the Court and the IV-D agency of a change of address as required by section 27b, and the holder receives written notice from the Court or the IV-D agency that withholding is no longer required; or

"(4) When the holder receives written notice from the Court or the IV-D agency that withholding is no longer required based on information received from another jurisdiction.

"(b) The Court shall provide the IV-D agency with a copy of each notice of termination it issues to a holder within 2 business days after issuance.

"(c) If, because of the failure of a payee to give notice to the Court and the IV-D agency of a change in address as required by section 27b, the Collection and Disbursement Unit is unable, for a 3-month period, to deliver payments received pursuant to a notice or order to withhold, the IV-D agency shall send written notice to the holder to cease the withholding. The Collection and Disbursement Unit shall prorate and apply the undeliverable payments to satisfy amounts the obligor owes under other support orders, and shall prioritize these payments in accordance with section 18. If the obligor does not owe support under an additional support order, the Collection and Disbursement Unit shall apply the payments to any fees or debts owed to the IV-D agency and return the balance of the undeliverable payments, if any, to the obligor."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(m) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(m) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(m) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(m) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(n) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(n) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(n) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(n) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(n) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(k) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(k) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(o) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(o) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-515.

Effect of Amendments

D.C. Law 13-269 substituted "Collection and Disbursement Unit" for "Court".

D.C. Law 15-205 substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 substituted "to withhold issued by the IV-D agency" for "of withholding issued by the Court".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(n) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(p) of D.C. Law 16-42 substituted "to withhold issued by the IV-D agency" for "of withholding issued by the Court".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(n) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(n) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(n) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(n) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(o) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(o) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(o) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(l) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(l) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(p) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(p) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-516.

Effect of Amendments

D.C. Law 13-269 substituted "Collection and Disbursement Unit" for "Court" in subsec. (a); and rewrote subsec. (b) which had read:

"(b) Within 20 days of receipt of information regarding the obligor's new place of employment, the Court shall notify the obligor's new employer, in accordance with the requirements of § 46-211, that the withholding is binding on the new employer."

D.C. Law 15-205, in subsecs. (a) and (b), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100, in subsec. (a), substituted "IV-D agency" for "Court"; and rewrote subsec. (b), which had read as follows:

"(b) Within 2 business days after the receipt of information regarding the obligor's new place of employment or within 2 business days after the date information regarding the obligor is entered into the District of Columbia Directory of New Hires pursuant to § 46-226.06, whichever occurs first, the Court shall notify the obligor's new employer in accordance with the requirements of § 46-211, that the withholding is binding."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(o) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(p) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(p) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(q) of D.C. Law 16-42, in subsec. (a), substituted "IV-D agency" for "Court"; , and rewrote subsec. (b) to read as follows:

"(b) The IV-D agency shall serve an order to withhold on the obligor's new employer within 2 business days after receipt of information regarding the obligor's new place of employment, or within 2 business days after the date information regarding the obligor is entered into the District of Columbia Directory of New Hires pursuant to section 27f, whichever occurs first."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(j) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

Emergency act amendments: For temporary amendment of section, see § 7(o) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(o) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(o) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(o) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(p) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(p) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(p) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(p) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(p) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(m) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(m) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(q) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(q) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-517.

Effect of Amendments

D.C. Law 13-269 substituted "Collection and Disbursement Unit" for "Court" throughout.

D.C. Law 16-100 rewrote subsec. (b), which had read as follows:

"(b) If current support payments do not exceed the limits of § 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)), payments toward arrearages shall be prorated by the Collection and Disbursement Unit among the orders."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(p) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(r) of D.C. Law 16-42, rewrote subsec. (b), to read as follows:

"(b) If current support payments do not exceed the limits of section 303(b) of the Consumer Credit Protection Act, the Collection and Disbursement Unit shall prorate payments toward health insurance coverage, medical support, arrearages, and other costs and fees among the orders and prioritize these payments in accordance with section 108 of the Medical Support Establishment and Enforcement Amendment Act of 2004, effective March 30, 2004 (D.C. Law 15-130; D.C. Official Code § 46-251.08), and applicable federal requirements."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(p) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(p) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(p) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(p) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(q) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(q) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(q) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(q) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(r) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(r) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-518.

Effect of Amendments

D.C. Law 13-269 substituted "Collection and Disbursement Unit" for "Court" throughout.

D.C. Law 15-205, in subsecs. (a) and (b), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) Any person who is the obligor on a support order of this jurisdiction or another jurisdiction may obtain voluntary income withholding by filing with the Court a request for withholding and a certified copy of the support order if the order is from another jurisdiction.

"(b) Upon receipt of a request under subsection (a) of this section and appropriate documentation, the Court shall issue a notice to the holder pursuant to § 46-211. Payment shall be made through the Court."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(q) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(s) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 19. Voluntary income withholding.

"(a) An obligor may obtain voluntary income withholding by filing with the IV-D agency a request for withholding and, if the support order is from another jurisdiction, a certified copy of the support order.

"(b) Upon receipt of a request under subsection (a) of this section, the IV-D agency shall serve an order to withhold on the holder specified in the obligor's request. Payments shall be made through the Collection and Disbursement Unit."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(q) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(q) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(q) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(q) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(r) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(r) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(r) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(n) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(n) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(s) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(s) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-519.

Effect of Amendments

D.C. Law 16-100, in subsec. (a), deleted "employee or" preceding "obligor" and substituted "purposes of paying" for "purposes of paying child"; in subsec. (b), substituted "a notice or order to withhold," for "the notice to the holder pursuant to § 46-211,"; and in subsec. (d), substituted "duty of" for "duty of child".

Temporary Amendments of Section

Section 3(t) of D.C. Law 16-42, in subsec. (a), deleted "employee or", and deleted "child" after "purposes of paying";  in subsec. (b), substituted "a notice or order to withhold," for "the notice to the holder pursuant to section 12,";   and in subsec. (d) deleted "child" after "duty of".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(t) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(t) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-520.

Effect of Amendments

D.C. Law 16-100 substituted "satisfy the withholding" for "satisfy the withholding order".

Temporary Amendments of Section

Section 3(u) of D.C. Law 16-42 deleted "order" following "satisfy the withholding".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(u) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(u) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-521.

Effect of Amendments

D.C. Law 16-100 substituted "notice or order to withhold" for "notice of withholding".

Temporary Amendments of Section

Section 3(v) of D.C. Law 16-42 substituted "notice or order to withhold" for "notice of withholding".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(v) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(v) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-522.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"§ 46-222. Interstate withholding; procedure for entering a support order of another jurisdiction for withholding.

"(a) Upon receiving a support order of another jurisdiction from an appropriate agency of the other jurisdiction, with the documentation specified in subsection (c) of this section, the following shall take place:

"(1) The Clerk of the Family Division of the Court shall accept the documents filed and enter the support order upon the docket and that entry shall constitute acceptance of the support order under this chapter;

"(2) The Clerk of the Court shall process withholding under this chapter; and

"(3) The Clerk of the Court shall issue a notice to withhold pursuant to § 46- 211 and, within 15 calendar days of locating the obligor or the holder, the Clerk of the Court shall issue a notice of intent to withhold pursuant to § 46- 209, which shall include the following:

"(A) A statement that, if contested, a support order entered pursuant to this section and the accompanying sworn or certified statement shall constitute prima facie proof, without further proof of foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the payee would be entitled to withholding under the law of the jurisdiction that issued the support order;

"(B) A statement that, once a prima facie case has been established, the obligor may raise, in addition to those rights available under this section, only matters that would be available to him as defenses in an action to enforce a foreign money judgment; and

"(C) A statement that, if the obligor shows to the Court that an appeal from the order is pending, will be taken, or that a stay of execution has been granted, the Court may stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the defendant has furnished security for payment of the support ordered as required by the initiating jurisdiction.

"(b) Any stay granted as referred to in subsection (a)(3)(C) of this section shall also stay the time limitations for rendering a decision on withholding pursuant to §§ 46-216(b) and 46-210(b).

"(c) The following documentation is required for the entry of a support order of another jurisdiction:

"(1) A certified copy of the support order with all modifications;

"(2) A certified copy of any income withholding order or notice still in effect;

"(3) A copy of the portion of the income withholding statute of the jurisdiction that issued the support order, which states the requirements for obtaining income withholding under the law of the jurisdiction;

"(4) A sworn statement of the obligee or certified statement of the agency of the arrearages, if any; and

"(5) A statement of:

"(A) The name, address, and social security number of the obligor, if known;

"(B) The name and address of the obligor's employer in this jurisdiction or of any other source of earnings or other income of the obligor derived in the District against which income withholding is sought; and

"(C) The name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.

"(d) If the documentation received by the Court pursuant to subsection (a) of this section does not conform to the requirements of subsection (c) of this section, the Court shall remedy any defect that it can without the assistance of the requesting agency or person. If the Court is unable to make the corrections, the requesting agency or person shall be notified of the necessary additions or corrections. If required by the initiating jurisdiction, the Clerk of the Court shall provide the information necessary to carry out the withholding within 30 calendar days of receipt of the initiating jurisdiction's request for information. The Court shall accept the documentation required by subsections (a) and (c) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.

"(e) If the earnings or other income of the obligor is not derived in the District, the Court shall notify the initiating jurisdiction that no action will be taken.

"(f) Entry of the order shall not confer jurisdiction on the Court for any purpose other than withholding of earnings or other income.

"(g) The Court, upon receiving a certified copy of any amendment or modification to a support order entered, shall initiate, as though it was a support order of this jurisdiction, necessary procedures to amend or modify the income withholding order or notice of jurisdiction that was based upon the entered support order.

"(h) If the Court determines that the obligor has obtained employment or has a new or additional source of income in another jurisdiction, it shall notify the agency that requested the income withholding of the changes within 20 working days of receiving the information and shall forward to that agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The Court shall include with the notice a certified copy of any income withholding order in effect in this jurisdiction."

D.C. Law 15-205, in subsecs. (a), (b), and (c), substituted "Court" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) For any support order entered in another jurisdiction and subject to withholding pursuant to § 46-207(c) or Chapter 3 of this title, the Court shall implement the withholding upon receipt of notice from the initiating jurisdiction, including all information necessary to carry out the withholding, and, if necessary, provide the initiating jurisdiction with all information necessary to carry out the withholding within 30 calendar days of receiving a request for the information from the initiating jurisdiction.

"(b) The Court or the IV-D agency shall notify the initiating jurisdiction if it determines that the obligor is no longer employed in the District of Columbia and shall provide to the initiating jurisdiction the name and address of the obligor and the obligor's new employer, if known.

"(c) The Court, upon receiving a certified copy of any modification of a support order entered or registered in the District of Columbia, shall initiate necessary procedures to amend or modify the withholding order that was based on the order that has been modified."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(e) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(e) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(w) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 23. Interstate withholding.

"(a) Upon receipt of notice from another state that withholding is required to enforce a support order, including all documents and information necessary to carry out the withholding, the IV-D agency shall implement the withholding in accordance with section 8a.

"(b) If the IV-D agency determines that the obligor is no longer employed in the District of Columbia, the IV-D agency shall provide the initiating jurisdiction with the name and address of the obligor and the obligor's new employer, if known.

"(c) The IV-D agency, upon receiving a certified copy of a modification of a support order entered or registered in the District of Columbia, shall initiate necessary procedures to amend or modify a withholding that is based on the support order that has been modified."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2(e) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and see § 2(e) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary amendment of section, see § 7(r) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(r) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(r) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(r) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(s) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(s) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(s) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(s) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(s) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(o) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(o) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(w) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(w) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

Law 7-104 was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on Nov. 24, 1987 and DeC. 8, 1987, respectively. Signed by the Mayor on DeC. 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 11-170, see Historical and Statutory Notes following § 46-205.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-523.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"(a) Where an obligor under an order of support as described in § 46-207 derives income in another jurisdiction, any caretaker, custodian, responsible relative, or the Mayor may file an application requesting the Clerk of the Court to request the appropriate agency in the other jurisdiction to issue a notice or order to withhold that income.

"(b) Within 20 calendar days of a determination that a withholding is required in a particular case and receipt of information necessary to carry out the withholding, the Clerk of the Court shall notify the IV-D agency in the jurisdiction in which the obligor is employed to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:

"(1) The amount requested to be withheld;

"(2) A certified copy of the support order with all modifications;

"(3) A certified copy of any income withholding order or notice still in effect; and

"(4) If appropriate, a sworn statement of the obligee or certified statement of the IV-D agency of the arrearages."

D.C. Law 15-205, in subsec. (a), substituted "Court" for "Collection and Disbursement Unit"; and, in subsec. (b), substituted "IV-D agency" for "Collection and Disbursement Unit".

D.C. Law 16-100 rewrote the section, which had read:

"(a) When an obligor under a support order derives income in another jurisdiction, any caretaker, custodian, responsible relative, or the Mayor may request the Court to initiate withholding with the employer or holder in the jurisdiction where the obligor receives income.

"(b) Within 20 calendar days of a determination that a withholding is required in a particular case and receipt of information necessary to carry out the withholding, the IV-D agency shall notify the IV-D agency in the jurisdiction in which the obligor is employed to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:

"(1) The amount requested to be withheld;

"(2) A copy of the support order with all modifications;

"(3) A statement of arrears, if appropriate; and

"(4) Repealed."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(f) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).

For temporary (225 day) amendment of section, see § 2(f) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).

For temporary (225 day) amendment of section, see § 7(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(x) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 24. Initiation of withholding in other jurisdictions.

"(a) When an obligor under a support order derives income in another jurisdiction, the IV-D agency, the Court, or any other appropriate person or entity may serve a notice or order to withhold on a holder in the jurisdiction where the obligor receives income.

"(b) In any case being enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C.S. § 651 et seq.), where the IV-D agency determines that the obligor derives income in another jurisdiction and that interstate withholding is necessary to enforce the support order, the IV-D agency shall, within 20 days of this determination, notify the IV-D agency in the jurisdiction in which the obligor derives income to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:

"(1) The amount requested to be withheld;

"(2) A copy of the support order with all modifications; and

"(3) A statement of arrears, if appropriate."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(s) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(s) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(s) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(s) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary amendment of section, see § 2(f) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(f) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and § 2(f) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).

For temporary (90-day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(t) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(p) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(p) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(x) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(x) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 11-170, see Historical and Statutory Notes following § 46-205.

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 16-100, see notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-524.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"(a) A lien may be asserted by the Mayor or the custodian to whom support is payable upon the real and personal property of the responsible relative. In addition to withholding of earnings or other income, this lien shall be separate from and in addition to any other lien created by or provided for under law. The District or the custodian to whom support is payable shall have the priority of a secured creditor.

"(b) An action to collect subrogated or assigned support by lien and foreclosure, distraint, seizure and sale, or an order to withhold and deliver shall be lawful on the date the order is issued."

D.C. Law 16-100, in par. (c), substituted "subsection (b)" for "subsection (a)".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(u) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(u) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(y) of D.C. Law 16-42, in subsec. (c), substituted "subsection (b)" for "subsection (a)".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(t) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(t) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(t) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(t) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary amendment of section, see § 7(k) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary (90-day) amendment of section, see § 107(u) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(u) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(u) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(u) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(u) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(y) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(y) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-524.1.

Effect of Amendments

D.C. Law 13-269 rewrote subsec. (a) which had read:

"(a) In the case of orders being enforced by the IV-D agency, the Mayor may intercept a lottery prize winning of an individual who owes delinquent support, as defined in § 466(e) of the Social Security Act, approved August 16, 1984 (98 Stat. 1310; 42 U.S.C. 666(e))."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(u) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section, see § 7(u) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(u) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(u) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(u) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(v) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(v) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(v) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(v) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(v) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

Law 8-150 was introduced in Council and assigned Bill No. 8-461, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 1, 1990, and May 15, 1990, respectively. Signed by the Mayor on May 30, 1990, it was assigned Act No. 8-208 and transmitted to both Houses of Congress for its review.

D.C. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.

For D.C. Law 13-269, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-524.2.

Effect of Amendments

D.C. Law 16-100 rewrote the section, which had read:

"(a) A Parent Locator Division ('Division') is established within the Office of Paternity and Child Support Enforcement of the Department of Human Services to maintain a parent locator service to locate a parent of a child in need of child support.

"(b) Any officer or employee of the District shall cooperate with the Division to determine the location of a parent who is not supporting his or her child. The officer or employee shall provide any pertinent information that relates to the location, income, or property of a parent, notwithstanding any District statute, ordinance, or rule that makes the information confidential.

"(c) Any company, corporation, partnership, association, union, or organization doing business in the District shall provide the Division with the following available information, if the Division certifies that the information shall be used to locate a parent of a child in need of support and that the information obtained will be treated as confidential by the Division unless the parent's name is published for child support arrearages pursuant to § 46-225:

"(1) Full name of parent;

"(2) Name and address of parent's employer;

"(3) Social security number of parent;

"(4) Date of birth of parent;

"(5) Home address of parent;

"(6) Amount of wages earned by parent; and

"(7) Number of dependents claimed by parent on state and federal income withholding forms.

"(d) A person may not knowingly refuse to give the parent locator service information that will assist the parent locator service in locating the parent of a child.

"(e) Any person who knowingly refuses to provide information or provides false information that has been requested pursuant to subsection (c) of this section, upon conviction, shall be imprisoned for not more than 3 months, fined not more than $1,000, or both."

Temporary Amendments of Section

Section 3(z) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 25b. Parent locator service.

"(a) The IV-D agency is established as the District's centralized Parent Locator Service to locate parents of children in need of support.

"(b) An officer or employee of the District shall cooperate with the IV-D agency to determine the location of a parent who is not supporting his or her child. The officer or employee shall provide any pertinent information that relates to the location, income, or property of a parent, notwithstanding any District statute, ordinance, or rule that makes the information confidential.

"(c) A company, corporation, partnership, association, union, organization, or entity doing business in the District shall provide the IV-D agency with the following available information, if the IV-D agency certifies that the information shall be used to locate a parent of a child in need of support and that the information obtained will be treated as confidential by the IV-D agency unless the parent's name is published or reported to a consumer credit reporting agency pursuant to section 26:

"(1) Full name of the parent;

"(2) Name and address of the parent's employer;

"(3) Social security number of the parent;

"(4) Date of birth of the parent;

"(5) Home address of the parent;

"(6) Amount of wages earned by the parent; and

"(7) Number of dependents claimed by the parent on state and federal income withholding forms.

"(d) A person may not knowingly refuse to give the IV-D agency information that will assist the IV-D agency in locating the parent of a child.

"(e) A person who knowingly refuses to provide information or provides false information that has been requested pursuant to subsection (c) of this section, upon conviction, shall be imprisoned for not more than 3 months, fined not more than $1,000, or both."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(z) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(z) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 8-150, see Historical and Statutory Notes following § 46-224.01.

For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 46-224.01.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-525.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"(a) Upon request by an individual who is owed overdue support or a consumer reporting agency, as defined in 15 U.S.C. § 1681a(f), the Mayor shall make available information regarding an amount of overdue support as defined in 42 U.S.C. § 666(e), if the amount of overdue support is greater than $1,000.

"(b) The Mayor may publish the name, last known address, and amount of overdue child support of an obligor, if the obligor's child support payments are more than $2,000 in arrears. The publication shall be in at least 2 daily and 2 weekly newspapers published and circulated generally in the District of Columbia.

"(c) The Mayor shall notify the obligor of the proposed action and of the obligor's right to contest the accuracy of the information to be released. The Mayor shall provide the obligor with an opportunity to contest the accuracy of the information."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(w) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(w) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section, see § 7(l) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(v) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(v) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(v) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(v) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(w) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(w) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(w) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(w) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(w) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For legislative history of D.C. Law 8-150, see Historical and Statutory Notes following § 46-224.01.

For legislative history of D.C. Law 11-87, see Historical and Statutory Notes following § 46-225.01.

For D.C. Law 13-269, see notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-525.1.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"(a) Notwithstanding any other law or regulation, no car registration or driver's license shall be renewed or issued to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support. A car registration or driver's license that has been issued to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments shall be revoked.

"(b) Notwithstanding any other law or regulation, no professional or business license shall be renewed or issued in the District to an obligor who is receiving income and who owes overdue child support in an amount equal to at least 60 days of support payments. A professional or business license that has been issued to an obligor who is receiving income and who owes overdue child support shall be revoked. As used in this subsection, the term 'professional or business license' includes any approval, certificate, registration, permit, statutory exemption, or other form of permission to practice a profession or to operate a business, as granted by a commission or a professional licensing body of the government of the District of Columbia.

"(c) Prior to an act to deny issuance or renewal, or an act to revoke, the car registration, driver's license, or professional or business license of an obligor who is receiving income and who owes overdue child support, the Mayor must provide 30-days written notice to the obligor. The notice shall specify:

"(1) The amount of arrears owed;

"(2) How, when, and where the notice can be contested;

"(3) That the licensing authority will deny issuance or renewal, or revoke the registration or license 30 days after the issuance of the notice unless the arrearage is paid in full, or the obligor agrees to a payment schedule that requires the obligor to make monthly child support payments toward overdue support in an amount equal to 25% of the obligor's current monthly child support obligation as long as the obligor is receiving income; and

"(4) That failure to comply with the agreed to payment schedule shall result in the denial of an issuance or renewal, or a revocation, of the obligor's registration or license.

"(d) The Mayor shall provide the obligor with the opportunity to demonstrate why his or her registration or license should not be denied or revoked under this section. The only issues to be determined are as follows:

"(1) Whether the person named in the court notice is a licensee or applicant, has his or her car registered in the District of Columbia, and seeks to have a car registration issued or renewed;

"(2) Whether the arrearage has been paid in full, or whether a payment schedule has been agreed to and complied with;

"(3) Whether the obligor is currently receiving income; and

"(4) Whether the driver's license or car registration or professional or business license should be revoked, or the issuance or renewal should be denied.

"(e) If the Clerk of the Court has notified the Mayor that an obligor is receiving income and owes overdue child support in an amount equal to at least 60 days of support, and the obligor presents no evidence under subsection (d) of this section that the arrearage has been paid in full, or that a payment schedule has been agreed to and complied with, the obligor's license or registration shall be revoked, or the request for the issuance or renewal of a license or registration shall be denied.

"(f) If the obligor under this chapter is a member of the District of Columbia Bar, the Clerk of the Court shall send written notice to the Board of Professional Responsibility so that appropriate action may be taken."

D.C. Law 16-279, substituted "suspended" for "revoked", "suspend" for "revoke", "suspension" for "revocation", and "suspending" for "revoking", wherever each respective word appeared throughout the section.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(w) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(x) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(x) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section, see § 7(m) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(w) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(w) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(w) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(w) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(x) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(x) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

Law 11-87, the "Child Support Enforcement and Licensing Compliance Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-225, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 10, 1995, and November 7, 1995, respectively. Signed by the Mayor on November 27, 1995, it was assigned Act No. 11-158 and transmitted to both Houses of Congress for its review. D.C. Law 11-87 became effective on February 13, 1996.

For D.C. Law 13-269, see notes following § 46-201.

Law 16-279, the "Department of Motor Vehicles Service and Safety Amendment Act of 2006", was introduced in Council and assigned Bill No.  16-821, which was referred to Committee on Public Works and Environment.   The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively.  Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-636 and transmitted to both Houses of Congress for its review.  D.C. Law 16-279 became effective on March 14, 2007.

Effect of Amendments

D.C. Law 16-100 rewrote the section, which had read:

"(a) The Mayor or any party who has a legal claim to any child support may initiate a criminal contempt action for failure to pay the support by filing a motion in the civil action in which the child support order was established.

"(b)(1) Upon a finding by the court that an obligor has willfully failed to obey any lawful order of child support, the court may:

"(A) Commit the obligor to jail for a term not to exceed 180 days;

"(B) Order the obligor to participate in a rehabilitative program, if the court determines that participation would assist the obligor in complying with the order of child support and access to such program is available;

"(C) Order the obligor to accept appropriate available employment or participate in job search and placement activities; or

"(D) Place the obligor on probation under such conditions as the court may determine and in accordance with the provisions of the criminal procedure law.

"(2) The court may direct that an obligor's commitment may be served upon certain specified days or parts of days. The court may suspend all or part of a sentence and may, at any time within the term of the sentence, revoke the suspension and commit the obligor for the remainder of the original sentence. A period of commitment shall not prevent the court from committing the obligor for a subsequent failure to comply with an order of child support.

"(3) For the purposes of paragraph (1)(B) of this subsection, the term 'rehabilitative program' shall include work preparation and skill programs, non-residential alcohol and substance abuse programs, and educational programs.

"(c) The court shall order the obligor to pay the petitioner's attorney fees as well as the court costs, unless good cause can be demonstrated on the record against this result.

"(d) For purposes of this section, failure to pay child support, as ordered, shall constitute prima facie evidence of a willful violation. This presumption may be rebutted if the obligor was incarcerated, hospitalized, or disabled during the period of nonsupport. These circumstances do not constitute an exhaustive list of circumstances that may be used to rebut the presumption of willfulness.

"(e) The court shall not deny any request for relief pursuant to this section unless the facts and circumstances constituting the reasons for its determination are set forth in a written memorandum of decision."

D.C. Law 16-305, in subsec. (d), substituted "had a disability" for "disabled".

Temporary Amendments of Section

Section 3(aa) of D.C. Law 16-42 rewrote section to read as follows:

"Sec. 26b. Criminal contempt remedy for failure to pay child support.

"(a) The Mayor or a party who has a legal claim to child support may initiate a criminal contempt action for failure to pay the support by filing a motion in the civil action in which the support order was established.

"(b)(1) Upon a finding by the Court that an obligor has willfully failed to obey a lawful support order, the Court may:

"(A) Commit the obligor to jail for a term not to exceed 180 days;

"(B) Order the obligor to participate in a rehabilitative program, if the Court determines that participation would assist the obligor in complying with the support order and access to such program is available;

"(C) Order the obligor to accept appropriate available employment or participate in job search and placement activities; or

"(D) Place the obligor on probation under such conditions as the Court may determine and in accordance with the provisions of the criminal procedure law.

"(2) The Court may direct that an obligor's commitment may be served upon certain specified days or parts of days. The Court may suspend all or part of a sentence and may, at any time within the term of the sentence, revoke the suspension and commit the obligor for the remainder of the original sentence. A period of commitment shall not prevent the Court from committing the obligor for a subsequent failure to comply with a support order.

"(3) For the purposes of paragraph (1)(B) of this subsection, the term 'rehabilitative program' shall include work preparation and skill programs, non-residential alcohol and substance abuse programs, and educational programs.

"(c) The Court shall order the obligor to pay the petitioner's attorney's fees as well as court costs, unless good cause can be demonstrated on the record against this result.

"(d) For purposes of this section, failure to pay child support, as ordered, shall constitute prima facie evidence of a willful violation. This presumption may be rebutted if the obligor was incarcerated, hospitalized, or disabled during the period of nonsupport. These circumstances do not constitute an exhaustive list of circumstances that may be used to rebut the presumption of willfulness.

"(e) The Court shall not deny a request for relief pursuant to this section unless the facts and circumstances constituting the reasons for its determination are set forth in a written memorandum of decision."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition of section, see § 2 of Child Support Enforcement Emergency Amendment Act of 2001 (D.C. Act 14-181, November 19, 2001, 48 DCR 11069).

For temporary (90 day) amendment of section, see § 3(aa) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(aa) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

Law 14-81, the "Child Support Enforcement Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-26, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 2, 2001, and November 6, 2001, respectively. Signed by the Mayor on November 29, 2001, it was assigned Act No. 14-201 and transmitted to both Houses of Congress for its review. D.C. Law 14-81 became effective on March 6, 2002.

For Law 16-100, see notes following § 46-201.

Law 16-305, the "People First Respectful Language Modernization Act of 2006", was introduced in Council and assigned Bill No. 16-664, which was referred to Committee on the Whole.  The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively.   Signed by the Mayor on July 17, 2006, it was assigned Act No. 16-437 and transmitted to both Houses of Congress for its review.  D.C. Law 16-305 became effective on April 24, 2007.

Prior Codifications

1981 Ed., § 30-526.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"Neither the District nor its officers or employees shall be responsible for any injury resulting from the improper enforcement of a lien, except that the District, its officers, and employees shall be liable for damages caused by gross negligence in the enforcement of liens."

D.C. Law 16-100, in subsec. (a), substituted "notice or order to withhold," for "notice of income withholding,"; and in subsec. (b), substituted "a notice or order to withhold" for "an income withholding notice".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(x) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(bb) of D.C. Law 16-42, in subsec. (a), substituted "notice or order to withhold," for "notice of income withholding,"; and in subsec. (b), substituted "a notice or order to withhold" for "an income withholding notice".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 7(x) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(x) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(x) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(x) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(y) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(bb) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(bb) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-526.1.

Effect of Amendments

D.C. Law 15-39 rewrote the section which had read as follows:

"§ 46-226.01. Funding."

"Incentive payments received by the District under title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), based upon the District's IV-D program performance, and payments for fixed percentages of the costs of administering the IV-D program, which are reimbursed by the federal government, shall be appropriated to the IV-D agency for the purpose of funding for the program. This amount shall be in addition to the annual appropriation for the IV-D agency and the IV-D agency shall spend those funds as though appropriated through the annual appropriation for the year in which they are received."

Emergency Act Amendments

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 902 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Legislative History of Laws

Law 9-5 was introduced in Council and assigned Bill No. 9-142. The Bill was adopted on first and second readings on March 5, 1991, and April 5, 1991, respectively. Signed by the Mayor on April 26, 1991, it was assigned Act No. 9-20 and transmitted to both Houses of Congress for its review.

Law 9-39 was introduced in Council and assigned Bill No. 9-2, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 4, 1991, and July 2, 1991, respectively. Signed by the Mayor on July 24, 1991, it was assigned Act No. 9-76 and transmitted to both Houses of Congress for its review.

Law 15-39, the "Fiscal Year 2004 Budget Support Act of 2003", was introduced in Council and assigned Bill No. 15-218, which was referred to Committee on Whole. The Bill was adopted on first and second readings on May 6, 2003, and June 3, 2003, respectively. Signed by the Mayor on June 20, 2003, it was assigned Act No. 15-106 and transmitted to both Houses of Congress for its review. D.C. Law 15-39 became effective on November 13, 2003.

Miscellaneous Notes

Short title of title IX of Law 15-39: Section 901 of D.C. Law 15-39 provided that title IX of the act may be cited as the Child Support Enforcement Program Funding Amendment Act of 2003.

Effect of Amendments

D.C. Law 15-205, in subsec. (a), substituted "with the Court" for "with the Collection and Disbursement Unit".

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(q) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(q) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

Effect of Amendments

D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".

D.C. Law 16-100, in par. (a)(2), substituted "company," for "company"; in subpar. (a)(4)(H), substituted "Department of Motor Vehicles;" for "Department of Public Works, Bureau of Motor Vehicle Services;"; in subsec. (b), substituted ", except that the IV-D agency shall provide notice of withholding to the obligor only as required pursuant to § 46-209." for "a period at the end"; in subsec. (c), added "This subsection shall not apply to IV-D agency actions related to the withholding of earnings or other income under this subchapter." to the end; in subsec. (e), deleted "Family Division of the Superior" and "Superior" preceding "Court"; in subsec. (f), deleted "Superior" preceding "Court"; and amended par. (a)(6), which had read as follows:

"(6) Order income withholding, including the amount of periodic support payments and any additional amount for overdue support payments;"

D.C. Law 16-191, in subsec. (f), validated a previously made technical correction.

D.C. Law 17-219, in subsec. (c), deleted ", except that judicial review shall be in the Superior Court" following "respectively".

Temporary Amendments of Section

Section 3(cc) of D.C. Law 16-42, in subsec. (a)(2), inserted a comma after "company"; in subsec. (a)(4)(H), substituted "Department of Motor Vehicles;" for "Department of Public Works, Bureau of Motor Vehicle Services;"; in subsec. (b), substituted ", except that the IV-D agency shall provide notice of withholding to the obligor only as required pursuant to section 10." for the period at the end; in subsec. (c), added "This subsection shall not apply to IV-D agency actions related to the withholding of earnings or other income under this act" to the end; in subsec. (e), deleted "Family Division of the Superior" in the first sentence, deleted "Superior" wherever it appears in the third sentence; in subsec. (f) deleted "Superior" wherever it appears; and rewrote subsec. (a)(6) to read as follows:

"(6) Order income withholding, including the amount of periodic support payments and any additional amount for health insurance coverage, medical support, overdue support payments, and other costs or fees required under a support order;"

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(cc) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(cc) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

Law 15-354, the "Technical Amendments Act of 2004", was introduced in Council and assigned Bill No. 15-1130 which was referred to the Committee of the Whole.  The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively.   Signed by the Mayor on February 9, 2005, it was assigned Act No. 15-770 and transmitted to both Houses of Congress for its review.  D.C. Law 15-354 became effective on April 13, 2005.

For Law 16-100, see notes following § 46-201.

For Law 16-191, see notes following § 46-202.01.

Law 17-219, the "Fiscal Year 2009 Budget Support Act of 2008", was introduced in Council and assigned Bill No. 17-678, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 13, 2008, and June 3, 2008, respectively. Signed by the Mayor on June 26, 2008, it was assigned Act No. 17-419 and transmitted to both Houses of Congress for its review. D.C. Law 17-219 became effective on August 16, 2008.

Miscellaneous Notes

Short title: Section 5007 of D.C. Law 17-219 provided that subtitle D of title V of the act may be cited as the "Child Support Expedited Processes Amendment Act of 2008".

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

Effect of Amendments

D.C. Law 15-205, in subsec. (f), substituted "Court" for "IV-D agency".

D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".

D.C. Law 16-100, in subsecs. (i) and (k), deleted "Superior" preceding "Court"; and rewrote subsec. (f), which had read as follows:

"(f) Within 2 business days after the date a report under subsection (b) of this section is entered into the District of Columbia Directory of New Hires, the Court shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) support obligation (including any past due support obligation of the employee) unless the employee's income is not subject to withholding."

D.C. Law 16-191, in subsec. (f), validated a previously made technical correction.

Temporary Amendments of Section

Section 3(dd) of D.C. Law 16-42, in subsec. (i), added "of the District of Columbia" after "Superior Court"; and rewrote subsec. (f) to read as follows:

"(f) Within 2 business days after the date a report under subsection (b) of this section is entered into the District of Columbia Directory of New Hires, the IV-D agency shall transmit an order to withhold to the employer in accordance with this act, unless the employee's income is not subject to withholding."

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3403(r) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 3403(r) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 3(dd) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(dd) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

For Law 15-205, see notes following § 46-202.01.

For Law 15-354, see notes following § 46-226.03.

For Law 16-100, see notes following § 46-201.

For Law 16-191, see notes following § 46-202.01.

Effect of Amendments

D.C. Law 16-100, in subsec. (a), deleted "For the purposes of this section, the term 'business day' means a day on which District government offices are open for regular business."

Temporary Amendments of Section

Section 3(ee) of D.C. Law 16-42, in subsec. (a), deleted "For the purposes of this section, the term 'business day' means a day on which District government offices are open for regular business.".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(ee) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(ee) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

Effect of Amendments

D.C. Law 16-100 substituted "public assistance" for "assistance under TANF"; and deleted "Superior" preceding "Court".

Temporary Amendments of Section

Section 3(ff) of D.C. Law 16-42 substituted "public assistance" for "assistance under TANF"; and deleted "Superior".

Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(ff) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(ff) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

For Law 16-100, see notes following § 46-201.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For D.C. Law 13-269, see notes following § 46-201.

Prior Codifications

1981 Ed., § 30-527.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

"The Mayor shall issue proposed rules to implement the provisions of this chapter and attendant federal law within 90 days from February 24, 1987, pursuant to subchapter I of Chapter 5 of Title 2. The proposed rules shall be submitted to the Council of the District of Columbia ('Council') for a 30-day period of review excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 30-day review period, the proposed rules shall be deemed approved."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 7(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(aa) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13- 207, March 31, 2001, law notification 48 DCR 3238).

Emergency Act Amendments

For temporary amendment of section, see § 7(n) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).

For temporary amendment of section, see § 7(z) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(z) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(z) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).

For temporary (90-day) amendment of section, see § 107(aa) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(aa) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(aa) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(aa) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(aa) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

For D.C. Law 13-269, see notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Delegation of authority to the Attorney General of the District of Columbia to Issue Rules pursuant to Section 28 of the District of Columbia Child Support Enforcement Amendment Act of 1985, see Mayor's Order 2007-42, January 19, 2007 (54 DCR 2411).

Prior Codifications

1981 Ed., § 30-528.

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

Prior Codifications

1981 Ed., § 30-529.

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

Prior Codifications

1981 Ed., § 30-530.

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.

Delegation of Authority

Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.

Prior Codifications

1981 Ed., § 30-531.

Legislative History of Laws

For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.