§ 783. Wage withholding; notice and hearing

(a) In the case of a child support order issued prior to July 1, 1990 or a spousal support order, an obligee may request a wage withholding order when any amount due under a support 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;

(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, by filing the objection with the court within 20 days of receiving the petition under this subsection;

(5) a statement that an obligor may move for modification of the support order because of a real, substantial and unanticipated change of circumstances, which includes a difference of 10 percent or more between the child support order and the amount required to be paid under the support guidelines.

(b) The petition shall be served by the court or the Office of Child Support by personal service or by mailing to the obligor, at one or more of the addresses supplied by the obligor, by certified mail, return receipt requested and delivery restricted to the addressee, the expense being paid by the petitioner. If acceptance of service is refused, the court or the Office of Child Support may serve the obligor by sending the petition to the obligor by ordinary first class mail and by certifying that such service has been made. In the alternative, the court or the Office of Child Support may provide for mail service as provided in V.R.C.P. 4(e).

(c) If the obligor does not file an objection to wage withholding within 20 days of receiving the petition sent pursuant to subsection (a) of this section or if the obligor has requested the wage withholding order, the court shall enter a judgment for wage withholding as stated in the petition without requiring a hearing or additional motions or additional affidavits, and shall send copies to the parties.

(d) If the obligor files an objection, the matter shall be set for hearing within 20 days of receipt of the objection.

(e) The court shall order wage withholding if the obligor has requested wage withholding or if any amount due under a support order has not been paid within seven business days after the amount is due. In all cases the court shall issue a wage withholding order, if any, within 45 days of notice sent to the responding party.

(f) If a petition for wage withholding and a motion for modification are filed in connection with the same order, the court shall hear the matters at the same time if it is possible to do so within the time limits established by this section. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 8; 1987, No. 54, § 2, eff. May 15, 1987; 1989, No. 220 (Adj. Sess.), § 4; 1997, No. 63, § 11, eff. Sept. 1, 1997; 2017, No. 11, § 43.)