Arkansas

Family Law

Section 9-14-222 – Income withholding – Notice to payor – Costs

(a) A payor shall be notified of an order of income withholding by a notice as set forth in this section.

(b)

(1) The order and notice of income withholding may be served on the payor by first class mail.

(2) If the payor does not remit the wage withholding in accordance with subdivision (d)(11) of this section, a second notice shall be sent pursuant to Rule 4 of the Arkansas Rules of Civil Procedure.

(c) Costs for service of this notice may be collected from the custodial parent.

(d) The notice shall include the following information:

(1) The noncustodial parent’s name and Social Security number;

(2) The amount to be withheld and that the total amount actually withheld cannot be in excess of the maximum amount allowed under section 303(b) of the Consumer Credit Protection Act if the payor is the employer of the noncustodial parent;

(3) To whom and in what manner the withholding is to be paid and that the payments are to occur at the same time the noncustodial parent is paid;

(4) That the payor may deduct a fee not to exceed two dollars and fifty cents ($2.50) in addition to the court-ordered amount for the administrative cost incurred in each withholding;

(5) That withholding is binding on the payor until further notice by the court or its representative;

(6) That the payor, if an employer, is subject to a fine of up to fifty dollars ($50.00) a day for discharging a noncustodial parent from employment or for refusing to employ, or for taking disciplinary action against, any noncustodial parent because of the withholding;

(7) That the payor is liable for any amount up to the accumulated amount that should have been withheld should he or she fail to withhold income in accordance with the notice;

(8) That the withholding is for child support and, under § 9-14-219, takes priority over any other legal process against the same income;

(9) That the payor may combine and remit from several noncustodial parents one (1) withholding payment so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify the portion of the payment that is attributable to each of the noncustodial parents;

(10) That if the payor is already under an income withholding order under this subchapter, then the payor must make disbursements under each income withholding notice or order under the procedures for the payor provided under § 9-14-228;

(11) That the payor must implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed;

(12) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent’s last known address and the name and address of any new employer, if known; and

(13) The procedure available in that jurisdiction to the payor to object to the withholding on the ground of mistake of fact and that the objection must be made in writing and to whom it must be sent within seven (7) days following the date the notice was received or refused or the sanctions set forth in subdivisions (d)(6) and (7) of this section shall apply.

Ark. Code § 9-14-222

Acts 1985, No. 989, § 16; A.S.A. 1947, § 34-1234; Acts 1994 (1st Ex. Sess.), No. 5, § 3; 1999, No. 1514, § 13

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