§ 15-16-5.1 - Immediate income withholding – Support orders issued or modified on or after January 1, 1994. - Rhode Island Statutes

SECTION 15-16-5.1

   § 15-16-5.1  Immediate income withholding– Support orders issued or modified on or after January 1, 1994. –(a) With respect to a support order issued, enforced, or modified on or afterJanuary 1, 1994, the income of an obligor shall be subject to immediate incomewithholding under this chapter on the effective date of the order, regardlessof whether support payments by the obligor are in arrears; provided, that theincome of the obligor shall not be subject to immediate income withholding:

   (i) If a judge or magistrate of the family court finds thatthere is good cause not to require immediate income withholding; or

   (ii) If the obligor and obligee, and the department in thecase of an obligee subject to an assignment of support rights under §40-6-9, enter into a written agreement or order which provides for analternative arrangement for the timely payment of support due under the supportorder.

   (2) In no event shall the court order wage withholdingpayable to the obligee directly from any wage withholding agent.

   (b) The obligor shall be given advance notice, by way of thepleadings or otherwise, that his or her income is subject to immediate incomewithholding as provided in subsection (a) of this section, that the maximumamount of income to be withheld may not exceed the limit permitted under §303(b) of the Consumer Credit Protection Act, 15 U.S.C. § 1673(b), andthat he or she may contest immediate income withholding, and assert anydefenses, exceptions, or exemptions to which he or she may be entitled at ahearing before a judge or magistrate of the family court.

   (c) With the exception of those income withholding ordersissued pursuant to § 15-23.1-501, an immediate income withholding orderissued under this section shall be filed by the department or the obligee withthe clerk of the family court or, as appropriate, with the reciprocal office ofthe family court and shall be subject to the provisions of §§ 15-16-9– 15-16-13.