Section 25-9B-507 - Responsibilities of employee receiving out of state withholding order.
25-9B-507. Responsibilities of employee receiving out of state withholding order. (a) Upon receipt of the 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 in the same manner as if the order had been issued by a tribunal of this state.
(c) Except as provided by subsection (d) and § 25-9B-503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order, as applicable, that specify:
(1) The duration and the amount of periodic payments of current child support, stated as a sum certain;
(2) The person or agency 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 arrears and interest on arrears, stated as sums certain.
(d) The 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;
(3) The time periods within which the employer must implement the withholding order and forward the child support payment;
(4) The priorities for withholding and allocating income withheld for multiple child support obligees; and
(5) Any withholding terms or conditions not specified in the order.
Source: SL 1994, ch 206, § 502; SL 1997, ch 155, § 41; SDCL 25-9B-502.