Initiation of procedure for withholding of income; exceptions.
1. Except as otherwise provided in subsection 4, whenever a court order requiring an obligor to make payments for the support of a child includes an order directing the withholding of income for the payment of the support, the procedure provided by this chapter for the withholding of income must be carried out immediately unless:
(a) All parties agree in writing that there should be no immediate withholding; or
(b) The court finds good cause for the postponement of withholding.
2. Except as otherwise provided in subsection 3, a finding of good cause pursuant to paragraph (b) of subsection 1 must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. A finding that the immediate withholding of income would not be in the best interests of the child may be based on evidence that:
(a) The obligor has not been found to be in arrears for the payment of child support and is willing and able to pay the amount ordered by the court;
(b) The obligor was unaware that he was the parent of the child for whom he owes an obligation of support during any time in which an arrearage for the payment of child support accrued and is willing and able to pay the amount ordered by the court; or
(c) The obligor has provided full payment of his obligation for support for each of the immediately preceding 12 months.
3. In an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of payment in a timely manner by the obligor under the previous order for support.
4. In the case of any court order requiring an obligor to make payments for the support of a child:
(a) That does not include an order directing the withholding of income for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by the court for the postponement of withholding; or
(2) All parties have agreed in writing that there should be no immediate withholding,
Ê the procedure for the withholding of income must be carried out when the obligor becomes delinquent in paying the support of a child. The person entitled to the payment of support or his legal representative shall notify the enforcing authority when the procedure for the withholding of income must be carried out pursuant to this subsection.
Last modified: February 27, 2006