9 CAR § 5-201. Overview

(a) Income withholding is used as an initial enforcement effort if the noncustodial parent is employed or if there is another source of periodic income subject to withholding. (b)(1) Every court order should contain an order for the immediate withholding of income unless the: (A) Court finds that there is good cause not to implement withholding; or (B) Parties enter into an alternative agreement regarding withholding which is incorporated into the court order. (2) For open enforcement cases, the Office of Child Support Enforcement will include income withholding in every child support order. (c)(1) The office, an attorney representing the custodial party, or the custodial party may initiate the income withholding process. (2) An additional amount equal to twenty percent (20%) of the periodic payment must be deducted to apply against any accrued arrearage unless the court orders a specific amount or a set percentage to be paid on arrears. (d)(1) The office must issue a wage withholding notice: (A) Within fifteen (15) calendar days from receipt of the order if the employer’s address is known on that date; (B) Thereafter within two (2) business days of the date the employer’s address is obtained; or (C) Two (2) business days from electronic notice of the employer’s address, such as from the State New Hire Registry. (2) By law, the employer must begin the withholding no later than the first pay period that occurs after fourteen (14) calendar days following the date the notice was mailed. (e) Intergovernmental income withholding. (1) The office will initiate income withholding by sending an income withholding notice to an employer in any state where: (A) The noncustodial parent is located; and (B) Employment is verified. (2) If the employer fails to implement withholding, the office will forward a request to the other state’s child support agency to enforce the income withholding order. (f) Bankruptcy. If income withholding is in place when a noncustodial parent (employee) files bankruptcy, the caseworker will refer the case to the office attorney for review and advice on how to proceed.