§ 782. Expedited procedure for wage withholding

(a) In the case of an order for child support made or modified after July 1, 1990 that does not include an order for immediate wage withholding, an obligee may request a wage withholding order when any amount due under the order has not been paid within seven business days after the amount is due. The obligor may request wage withholding at any time. The petition for wage withholding shall set forth:

(1) the amount of support arrearages, if any;

(2) the terms of the support order;

(3) the periodic amount to be withheld for support and arrearages; and

(4) a statement that the obligor may object to wage withholding on the basis of an error in the amount of current support or arrearages or an error in identity, at a hearing to be held within 14 days of the date the petition is filed.

(b) The petition shall be served upon the other party or parties as provided in section 783 of this title.

(c) The court shall set the date for the hearing and notify the parties of the place, date, and time. The hearing shall be held within 14 days of the date the petition is filed.

(d) The court shall enter a judgment for wage withholding under any one of the following circumstances:

(1) The obligor does not appear at the hearing without good cause.

(2) The obligor has requested the wage withholding order.

(3) The court finds after hearing that any amount due under a support order has not been paid within seven business days after the amount is due.

(e) In all cases the court shall issue an order for wage withholding, if any, within 15 days of notice sent to the responding party.

(f) Notwithstanding the provisions of this section to the contrary, the Office of Child Support may notify an employer to initiate wage withholding without obtaining a modification of the court order if any amount due under the order has accumulated to one-twelfth of the annualized amount of child support after:

(1) verifying the arrears based on a sworn statement of the obligee or, if the Office of Child Support has maintained the financial records, an employee familiar with the financial records; and

(2) notifying the obligor of the withholding pursuant to subsection 783(b) of this title and giving the obligor an opportunity to object and request a hearing in Family Division of the Superior Court to contest the withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 7; 1987, No. 54, § 1, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 3a; 1997, No. 63, § 10, eff. Sept. 1, 1997; 2009, No. 154, § 238; 2017, No. 11, § 42.)