Notice to obligor of activation of order or implementation of
income withholding
Sec. 7. (a) Whenever an income withholding order is to be:
(1) activated in a case arising under section 5 of this chapter; or
(2) implemented by a Title IV-D agency under section 3 of this
chapter despite the absence of a withholding order in the
support order;
the Title IV-D agency shall send a written notice to the obligor.
(b) The notice required under subsection (a) must contain a
statement of the following:
(1) Whether the obligor is delinquent in the payment of child
support.
(2) The amount of child support, if any, that the obligor is in
arrears.
(3) That a certain amount of income is to be:
(A) withheld under court order or action by the Title IV-D
agency from the obligor's income; and
(B) forwarded to the state central collection unit or other
person named in the notice.
(4) That the total amount to be withheld under court order or
action by the Title IV-D agency by the obligor's income payor
from the obligor's income is the sum of:
(A) the obligor's current monthly child support obligation;
(B) an amount to be applied toward the liquidation of any
arrearages; and
(C) an optional fee of two dollars ($2), which is payable to
and imposed at the option of the income payor, each time the
income payor forwards income to the clerk of the court or
other person specified in the notice to the income payor
under this chapter;
up to the maximum amount permitted under 15 U.S.C. 1673(b).
(5) That the provision for withholding applies to the receipt of
any current or subsequent income.
(6) That the only basis for contesting activation of income
withholding is a mistake of fact.
(7) That an obligor may contest the Title IV-D agency's
determination to activate income withholding by making written
application to the Title IV-D agency not later than twenty (20)
days after the date the notice is mailed.
(8) That if the obligor contests the Title IV-D agency's
determination to activate the income withholding order, the
Title IV-D agency shall schedule an administrative hearing.
(9) That if the obligor does not contest the Title IV-D agency's
determination to activate the income withholding order, the
Title IV-D agency will activate income withholding.
(10) That income withholding will continue until a court or the
Title IV-D agency terminates activation of income withholding.
As added by P.L.1-1997, SEC.8. Amended by P.L.234-2005, SEC.87.
Last modified: May 24, 2006