§ 15-5-26 - Duties and liabilities of employer under income assignment order or order for wage withholding.
SECTION 15-5-26
§ 15-5-26 Duties and liabilities ofemployer under income assignment order or order for wage withholding. –(a) Any wage withholding agent failing to comply with any requirements in§§ 15-5-24 and 15-5-25 may be punished by the court for civilcontempt. The court shall first afford the wage withholding agent a reasonableopportunity to purge itself of contempt.
(b) Any wage withholding agent who fails or refuses todeliver income pursuant to an order under §§ 15-5-24 and 15-5-25,when the garnishing agent has had in its possession the income, shall bepersonally liable for the amount of the income which the wage withholding agentfailed or refused to deliver, together with costs, interest, and reasonableattorney's fees.
(c) Any wage withholding agent who dismisses, demotes,disciplines, or in any way penalizes an obligor on account of any proceeding tocollect support, on account of any order or orders entered by the court in theproceeding, or on account of the wage withholding agent's compliance with theorder or orders, shall be liable to the obligor for all damages, together withcosts, interest thereon, and reasonable attorney's fees resulting from theaction, and shall be subject to a fine not to exceed one hundred dollars($100). The wage withholding agent shall be required to make full restitutionto the aggrieved obligor including reinstatements and back pay.
(d) A wage withholding agent may be enjoined by a court ofcompetent jurisdiction from continuing any action in violation of §§15-5-24 and 15-5-25.
(e) Any proceeding against a wage withholding agent underthis section must be commenced within ninety (90) days after a wage withholdingagent's act or failure to act upon which the proceeding is based.
(f) Compliance by a wage withholding agent with an orderissued under §§ 15-5-24 and 15-5-25 operates as a discharge of thewage withholding agent's liability to the obligor as to that portion of theobligor's income so affected.