§ 787. Employer's responsibility; compensation

(a) Upon receipt of notice of wage withholding under this chapter or under a similar law of another state, an employer shall:

(1) withhold from the wages paid to the obligor the periodic support amount specified in the order for each wage period;

(2) within seven working days after wages are withheld, forward the withheld wages to the registry and specify the date the support was withheld from wages;

(3) retain a record of all withheld wages;

(4) cease withholding wages upon notice from the court or the registry; and

(5) notify the registry within 10 days of the date the obligor's employment is terminated.

(b) In addition to the amounts withheld pursuant to this subchapter, the employer may retain not more than $5.00 per month from the obligor's wages as compensation for administrative costs incurred.

(c)(1) Any employer who fails to withhold wages pursuant to a wage withholding order within 10 working days of receiving actual notice or upon the next payment of wages to the obligor, whichever is later, shall be liable to the obligee in the amount of the wages required to be withheld.

(2) No employer who withholds wages from the obligor shall, without good cause, fail to forward payment to the registry for more than 30 days. An employer who violates this subdivision shall be assessed a civil penalty of not more than $100.00 for a first violation and not more than $1,000.00 for a second or subsequent violation.

(3) A proceeding pursuant to this section shall be heard by the Family Division of the Superior Court.

(d) The employer may combine amounts withheld from the wages of more than one employee in a single payment to the registry, listing separately the amount of the payment that is attributable to each individual employee.

(e) An employer shall only withhold wages from the nonexempt portion of the obligor's wages as defined under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)).

(f) An employer who makes an error in the amount of wages withheld shall not be held liable if the error was made in good faith.

(g) On request of the Office of Child Support, the employer shall furnish the Social Security number and the amount of wages of any employee. (Added 1983, No. 222 (Adj. Sess.); amended 1985, No. 63, § 11; 1989, No. 220 (Adj. Sess.), § 7; 2003, No. 159 (Adj. Sess.), § 9, eff. Sept. 1, 2004; 2009, No. 154 (Adj. Sess.), § 238.)