Title 25, DOMESTIC RELATIONS

Terms used in this chapter mean: (1) "Administrative order," a judgment or order of an agency of the executive branch of state government, or an agency of comparable jurisdiction of another state, ordering payment of a set or determinable amount of support money, or ordering with…

If the proceedings for enforcement of child support involve amendment of a previous support order as fixed by a decree of divorce, judgment in a paternity action or prior enforcement proceedings which have been held in any court in this state, the action shall be filed in the off…

The Department of Social Services or any support obligee may collect interest on the unpaid principal balance of a support debt or judgment for support at the Category D rate of interest as established in § 54-3-16 . Source: SL 1982, ch 196 , § 14; SL 1986, ch 218 , § 16.

If any payor has income, deposits, accounts, or balances in excess of the amount of the debt claimed by the Department of Social Services or any support obligee, the payor may, without liability under this chapter, release the excess to the obligor. Source: SL 1982, ch 196 , § 15…

The secretary of social services may release and satisfy a lien on all or part of the property or income of the obligor or return seized property or income without liability, if assurance of payment is adequate, if the action facilitates the collection of the debt, or if the obli…

An agreement between parents or other responsible persons relieving a party of any duty of support or responsibility or purporting to settle past, present, or future support obligations as settlement or prepayment may not act to reduce or terminate any rights of the Department of…

The secretary of social services may request the cooperation of any public agency, as defined by subdivision 1-24-1(2) and public agencies shall cooperate in locating absent parents, in providing information about the income, resources, and property of a parent, and in providing …

The department is the designated public agency for the administration of this chapter. Source: SL 1986, ch 218 , § 44.

Any payment of public assistance made to or for the benefit of any dependent child creates a debt due to the state, by the person or persons who are responsible for support of the children, in an amount equal to the amount of public assistance money paid. If there is a court orde…

The department shall enforce the support obligation due to a spouse or former spouse who is living with the dependent child, but only if a spousal support obligation has been established by court order for the spouse or former spouse and the child support obligation is also being…

The secretary of social services may, in the absence of a court order, initiate an action pursuant to the provisions of this chapter to establish a current monthly child support obligation and obtain a judgment for arrearage which is due to an obligee who is not receiving public …

In any order establishment case, the custodian is limited to a prior-period support obligation or arrearage not exceeding three years before either the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a writ…

If the support order was entered in this state and this state maintains continuing exclusive jurisdiction over the support order pursuant to chapter 25-9C , or if the support order was registered in this state and the requirements of § 25-9C-611 or 25-9C-613 are satisfied, an obl…

Upon entry or modification of any order for support, an order for withholding of income or property shall be entered, which shall take effect immediately, unless the obligor or obligee demonstrates, and the court finds, that there is good cause not to require immediate income wit…

If an order for support does not contain a provision for immediate withholding of income or property and an obligor becomes delinquent in any part of the payment of support obligations pursuant to the order for support, or an arrearage exists, the department shall prepare and ser…

The obligor may contest the order for withholding of income by filing a written request for administrative review with the department within ten days after service of the order. The grounds for contesting the withholding shall be limited to: (1) A dispute concerning the existence…

The Department of Social Services is a party in interest and is subrogated to the right of any dependent child or custodian to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public mon…

Beginning October 1, 1998, the Department of Social Services is designated as the state child support case registry, and shall collect, maintain, update, and monitor child support enforcement records by use of an automated system, for all child support orders being enforced by th…

Beginning October 1, 1998, the Department of Social Services is designated as the state child support disbursement unit. The department shall use automated procedures for the collection and disbursement of child support payments for all support orders being enforced by the depart…

By October 1, 1997, the Department of Social Services shall establish a state directory of new hires. The department may enter into cooperative agreements with other state agencies to satisfy the provisions of this section. Effective October 1, 1997, every employer within the sta…

The department shall enter and serve the order for withholding on the payor, its superintendent, manager, or other agent, by certified mail, first class mail, personal delivery, or electronically in accordance with an agreement authorizing electronic service between the departmen…

The order for withholding shall direct any payor to withhold: (1) An amount equal to the order for support; and (2) An additional amount not less than ten percent of the order for support, until payment in full of any delinquency. Source: SL 1986, ch 218 , § 30.

The amount actually withheld for support and arrearage may not be in excess of fifty percent of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, reemployment assistance or unemployment compensation, or disability benefits. Ho…

The failure of an order for withholding to state an arrearage is not conclusive of the issue of whether an arrearage is owing. Source: SL 1986, ch 218 , § 32.

Any payor who has been served with an order for withholding of income shall deduct and pay over income or assets as provided in this section. The payor shall deduct the amount designated in the order for withholding. The first payment shall be deducted from the payment of income …

Any payor who is served with more than one order for withholding against an obligor shall comply with all orders to the extent that the total amount withheld from income does not exceed the maximum amount permitted under § 25-7A-32 , giving priority in withholding to an order for…

If the obligor is no longer receiving income from the payor, the payor shall return a copy of the order for withholding to the department within five days after termination of employment, and shall cooperate in providing information for the purpose of enforcing this chapter, incl…

Withholding of income under this chapter shall be made without regard to any prior or subsequent legal process under state law, including garnishments, attachments, wage assignments, or any other claims of creditors. Payment as required by the order for withholding shall be a com…

At any time, either upon petition of an obligor or obligee and hearing thereon, or without petition, the department may: (1) Modify, suspend, or terminate the order for withholding because of a modification, suspension, or termination of the underlying order for support or arrear…

The department shall serve on the payor, by certified mail, first class mail, or personal delivery, a copy of any order entered pursuant to this chapter that affects the duties of the payor. Source: SL 1986, ch 218 , § 38; SL 2002, ch 127 , § 2.

Upon demand by the Department of Social Services, any parent in the state, whose absence from the home is the basis upon which the department is paying public assistance on behalf of a dependent child, shall complete a statement, under oath, of the noncustodial parent's current m…

The order for withholding is binding upon the payor until service of an amended order for withholding or termination. Source: SL 1986, ch 218 , § 39.

An obligee who is receiving income withholding payments under this chapter shall notify the department of any change of address within seven days of such change. Source: SL 1986, ch 218 , § 40.

Any obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this chapter shall notify the department of any new payor within seven days. A violation of this section is a Class 2 misdemeanor. Source: SL 1986, ch 218 , § 41.

Any obligee shall provide notice to the department of any other support payment made, including but not limited to a set - off under federal and state law or partial payment of the delinquency. Source: SL 1986, ch 218 , § 42.

The department shall collect, disburse, and receive payments pursuant to orders for withholding. The department may apportion withheld amounts among multiple support orders, giving priority to current support, and shall maintain complete and accurate records of all payments and d…

In all cases the department may file an action pursuant to chapter 15-6 in circuit court for judgment and issuance of execution for the total amount that the payor failed to withhold or pay over to the department, and for an order for reinstatement of employment or restitution to…

Any payor who intentionally: (1) Fails to withhold or pay over income to the department pursuant to a valid order for withholding; (2) Discharges, refuses to employ, disciplines, or penalizes an obligor because of the order for withholding; or (3) Otherwise fails to comply with a…

The department shall request the Title IV-D agency of another state in which an obligor who is delinquent in his support obligation, derives income, to enter an order for the purpose of withholding of income for support. The request shall advise the agency to provide proper notic…

Upon receiving a request from the Title IV-D agency of another state that withholding of income of an obligor is required, including the documentation specified in § 25-7A-47 , the department shall issue an order to the payor of income to withhold income or property of the obligo…

Except with respect to when income withholding shall be implemented, which shall be controlled by the law of the state in which the support order is entered, the law and procedures of this state are applicable to the withholding of income of an obligor deriving income within this…

The secretary of social services may initiate an action for support by issuing a notice of a support debt, which shall be served without summons or other pleadings on the alleged responsible parent in the manner provided for service of a summons in a civil action or by certified …

The department shall notify the Title IV-D agency of the other state if the obligor ceases to derive income in this state, and provide the name and address of the obligor and of the new payor of income, if known. Source: SL 1986, ch 218 , § 50.

An obligor who owes past - due child support and whose dependent child is being provided public assistance shall be required to pay support in an amount deemed appropriate by a court or, if not incapacitated, participate in work activities as specified in § 407(D) of the Personal…

The rights, remedies, duties, and penalties created by this chapter are in addition to and not in substitution for any other rights, remedies, duties, and penalties created by any other law. Nothing in this chapter may be construed as invalidating any assignment of wages or benef…

The Department of Social Services is specifically exempt from any court filing fee pursuant to any filing required under this chapter. Source: SL 1989, ch 175 , § 9.