23-4,128. Agency duties; initiation of out-of-state withholding; notice to obligee if obligor contests; out-of-state withholding by obligee not receiving agency services.
23-4,128
23-4,128. Agency duties; initiation of out-of-state withholding;notice to obligee if obligor contests; out-of-state withholding by obligee notreceiving agency services.(a) On behalf of any obligee or other person for whom theagency is already providing services pursuant to the provisions of titleIV, part D, of the federal social security act (42 U.S.C. § 651 etseq.), as amended, the agency shall promptly request the agency ofanother jurisdiction in which the obligor of a support order derives incometo enter the order for the purpose of obtaining income withholding. Theagency shall compile and transmit promptly to the agency of the otherjurisdiction all documentation required to enter a support order for thispurpose. The agency also shall transmit immediately to the agency of theother jurisdiction a certified copy of any subsequent modifications of thesupport order. If the agency receives notice that the obligor is contestingincome withholding in another jurisdiction, it shall immediately notify theobligee of the date, time and place of the hearings and of the obligee's rightto attend.
(b) An obligee not receiving services from the agency pursuant to titleIV, part D, of the federal social security act (42 U.S.C. § 651 etseq.), as amended, may request the appropriate agency or official inanother jurisdictionin which the obligor of a support order derives income to enter the order forthe purpose of obtaining income withholding. The obligee or the obligee'sattorney, if any, shall compile and transmit all documentation required by theother jurisdiction for this purpose. The obligee or the obligee's attorney, ifany, shall transmit immediately to the other jurisdiction a certified copy ofany subsequent modifications of the support order.
History: L. 1985, ch. 115, § 18;L. 1994, ch. 301, § 26; July 1.