An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under Chapter 2 of this title, without first filing a petition or comparable pleading or registering the order with a tribunal of the District.
(Feb. 9, 1996, D.C. Law 11-81, § 501, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(e)(1), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.1.
Effect of Amendments
D.C. Law 16-137 substituted "sent by or on behalf of the obligee, or by the support enforcement agency, to the person" for "sent to the person or entity".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(i) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Emergency Act Amendments
For temporary amendment of subchapter, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151).
For temporary amendment of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151).
For temporary amendment of subchapter heading, see § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
For temporary amendment of section, see § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For legislative history of D.C. Law 12-94, see Historical and Statutory Notes following § 46-301.01.
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Uniform Law
This section is based upon § 501 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of the District.
(c) Except as otherwise provided in subsection (d) of this section and § 46- 305.03, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(1) The duration and amount of periodic payments of current child support stated as a sum certain;
(2) The person designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) The employer's fee for processing an income-withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and forward the child support payment.
(Feb. 9, 1996, D.C. Law 11-81, § 502, as added July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(e)(2), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.2.
Effect of Amendments
D.C. Law 16-137, in par. (c)(2), deleted "or agency" following ''person".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(i) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Emergency Act Amendments
For temporary addition of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 11-81, see Historical and Statutory Notes following § 46-301.01.
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Miscellaneous Notes
Application of Law 12-131: See Historical and Statutory Notes following § 46- 301.01.
Uniform Law
This section is based upon § 502 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
If an obligor's employer receives 2 or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for 2 or more child-support obligees.
(Feb. 9, 1996, D.C. Law 11-81, § 503, as added July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(e)(3), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.3.
Effect of Amendments
D.C. Law 16-137 rewrote section, which had read as follows:
"§ 46-305.03. Compliance with multiple income-withholding orders.
"If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees."
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(i) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Emergency Act Amendments
For temporary addition of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Miscellaneous Notes
Application of Law 12-131: See Historical and Statutory Notes following § 46- 301.01.
Uniform Law
This section is based upon § 503 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
An employer who complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
(Feb. 9, 1996, D.C. Law 11-81, § 504, as added July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.4.
Temporary Addition of Section
For temporary addition of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
Miscellaneous Notes
Application of Law 12-131: See Historical and Statutory Notes following § 46- 301.01.
Uniform Law
This section is based upon § 504 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of the District.
(Feb. 9, 1996, D.C. Law 11-81, § 505, as added July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.5.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(i) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2875).
Emergency Act Amendments
For temporary addition of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
Miscellaneous Notes
Application of Law 12-131: See Historical and Statutory Notes following § 46- 301.01.
Uniform Law
This section is based upon § 505 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in the District by registering the order in a tribunal of the District and filing a contest to that order as provided in subchapter VI of this chapter, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of the District.
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income-withholding order relating to the obligor; and
(3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
(Feb. 9, 1996, D.C. Law 11-81, § 506, as added July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(e)(4), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.6.
Effect of Amendments
D.C. Law 16-137, in subsec. (a), substituted "employer in the District by registering the order in a tribunal of the District and filing a contest to that order as provided in subchapter VI of this chapter, or otherwise contesting the order" for "employer in the District", and deleted "Section 604 applies to the contest."; in par. (b)(2), substituted "order relating to the obligor" for "order"; and in par. (b)(3), deleted "or agency" following "person" in two places.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(i) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Emergency Act Amendments
For temporary addition of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Legislative History of Laws
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Miscellaneous Notes
Application of Law 12-131: See Historical and Statutory Notes following § 46- 301.01.
Uniform Law
This section is based upon § 506 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of the District.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of the District to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
(Feb. 9, 1996, D.C. Law 11-81, § 507, formerly § 502, 42 DCR 6748; July 24, 1998, D.C. Law 12-131, § 2(i), 45 DCR 2924; June 22, 2006, D.C. Law 16-137, § 2(e)(5), 53 DCR 3634.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-345.7.
Effect of Amendments
D.C. Law 16-137, in subsec. (a), substituted "party or support enforcement agency" for "party".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(i) of Uniform Interstate Family Support Temporary Amendment Act of 1998 (D.C. Law 12-94, April 29, 1998, law notification 45 DCR 2785).
Legislative History of Laws
For legislative history of D.C. Law 12-131, see Historical and Statutory Notes following § 46-301.01.
For Law 16-137, see notes following § 46-301.01.
Effective Dates
Applicability: Section 3 of D.C. Law 16-137 provides: "This act shall apply as of April 1, 2007."
Emergency Act Amendments
For temporary addition of section, see § 2(i) of the Uniform Interstate Family Support Emergency Amendment Act of 1997 (D.C. Act 12-225, December 23, 1997, 45 DCR 151), and § 2(i) of the Uniform Interstate Family Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-310, March 20, 1998, 45 DCR 1950).
Uniform Law
This section is based upon § 507 of the Uniform Interstate Family Support Act (2001 Act). See Volume 9, Part IB Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
