Title 25 — DOMESTIC RELATIONS

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.

All orders previously entered under this chapter are hereby legalized, cured, and validated. Source: SL 1989, ch 175 , § 11.

No state agency or board may issue or renew the professional, sporting, or recreational license, registration, certification, or permit of any applicant after receiving notice from the Department of Social Services that the applicant has support arrearages in the sum of one thous…

A circuit court may revoke, suspend, or restrict a person's drivers, professional, occupational, sporting, or recreational license if the person owes past - due support, or if the person, after receiving appropriate notice, fails to comply with a subpoena or warrant relating to a…

Upon receiving notice from the Department of Social Services that a person owes child support, the Department of Labor and Regulation shall immediately withhold funds from the person's state reemployment assistance benefits and forward the withheld amounts to the Department of So…

In any case in which any Title IV-D agency is providing child support enforcement or income withholding services, the Title IV-D agency may direct any obligor or other payor to change the payee to the Title IV-D agency, or other appropriate entity. The Department of Social Servic…

To facilitate the collection of child support and to facilitate locating child support obligors, the following information shall be recorded in the following manners: (1) The social security number of any applicant for a professional license, drivers license, occupational license…

In actions involving either the establishment of paternity, or the establishment, modification, or enforcement of a support order, any Title IV-D agency shall have the administrative authority to perform the following functions without the necessity of obtaining an order from any…

Any Title IV-D agency conducting child support enforcement activities shall have access to any motor vehicle or law enforcement system used within the state for purposes of locating a person. Source: SL 1997, ch 155 , § 23.

All entities within this state, including for - profit, nonprofit, and governmental employers shall promptly respond to a request from any Title IV-D agency for information regarding the employment status, rate of compensation, or benefits provided by the employer to any employee…

For purposes of child support enforcement activities, any Title IV-D agency is hereby granted access to information contained in the following records including, if applicable, automated access to case records maintained in automated data bases: (1) Records of other state and loc…

Upon entry of an order for support, each party to any paternity or child support proceeding shall file with the appropriate tribunals as defined in § 25-9C-102 a written statement specifying the party's name, social security number, residential and mailing address, telephone numb…

Any tribunal as defined in § 25-9C-102 authorized to determine child support and paternity cases within this state may exercise statewide jurisdiction over any of the parties involved in the proceedings and may transfer a case between local jurisdictions without the need for any …

The department shall enter into agreements with any financial institution conducting business within the state whereby the financial institution shall, on a quarterly basis, provide to the department the name, record address, social security number, or other taxpayer identificati…

In any hearing for modification of support, the referee may recommend the imposition of attorney fees and costs. If the referee determines that the filing is frivolous or vexatious, the referee may also recommend the imposition of any additional costs incurred by the innocent par…

If an order for support requires a parent of a dependent child to provide health insurance coverage for that child, any insurer subject to chapter 58-33 and who is engaged in the business of health insurance as well as any employer or union who provides family health insurance co…

In any case where there is in effect an order for support requiring an obligor to provide medical support for a dependent child, the employer of the obligor, upon receiving a national medical support notice from any Title IV-D agency is required to complete the applicable section…

If a parent served with a notice of support debt under § 25-7A-5 makes a timely request for a hearing, the secretary of social services must file the notice of support debt, proof of service thereof, and response thereto in the office of the clerk of the circuit court in the coun…

An order for support shall include a provision requiring each parent to notify the department of the parent's current address and the name and address of the parent's current employer. The order shall also require each parent to notify the department of a change in the parent's a…

The parties to a child support proceeding under §§ 25-7A-6 and 25-7A-22 shall provide all financial and legal documents required by the referee at least five days prior to the hearing date set by the referee. Failure to provide such information five days prior to the hearing may …

If a party agrees, the referee may send copies of any notice or report required to be served on the party under § 25-7A-6 or 25-7A-22 by electronic mail, using the email address provided by the party. Source: SL 2026, ch 121 , § 7. Effective July 1, 2026

If a party files an objection to the referee's report pursuant to § 25-7A-6 or 25-7A-22 , the referee must file with the court all exhibits entered into the record in the hearing before the referee and all financial and legal documents received by the referee. The referee shall f…

The Department of Social Services may garnish wages, salary, earnings, or other employment income of the obligor, pursuant to the provisions of chapter 21-18 or applicable provisions of this chapter, to reimburse the state for any expenditures made on behalf of a dependent child …

The Department of Social Services may promulgate rules pursuant to chapter 1-26 to establish procedures to notify insurers and employers of child support orders that include medical support, to establish procedures for the enrollment of children under private health insurance pol…

The department shall notify the obligor of its issuance of a national medical support notice and further advise the obligor of the procedures to contest the enrollment and withholding of premiums. An obligor may contest the enrollment and withholding of premiums by filing a writt…

If a parent is served with a notice of support debt under § 25-7A-5 and does not request a hearing within ten days, the secretary of social services shall file, in the office of the appropriate clerk of the circuit court, the notice of support debt, proof of service thereof, and …

If a person served with a notice of support debt under § 25-7A-5 contests paternity or custody of the child, and the person is presumed to be the parent of the child in accordance with the provisions of chapter 25-8 , the secretary shall inform the responding party that an action…

Source: SL 1994, ch 204 , § 7.