§ 8-405. Immediate income assignment and income withholding.
A. All orders for child support or a modification of a child support order, whether issued by the Office of Administrative Hearings or Trial Court, shall provide for an immediate income assignment that withholds the current monthly child support obligation, regardless of whether support payments by the obligor are in arrears. In addition to the amount to be withheld to pay the current month’s obligation, the amount withheld may include an amount to be applied toward a judgment entered for any overdue support.
B. The total amount to be withheld under subsection (A) of this section shall not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. § 1673(b), but may be set at a lower amount.
C. Income may not be subject to withholding in a case where:
1. Either the custodial or noncustodial parent demonstrates and the Court finds that there is good cause not to require an immediate income withholding; or
2. A signed written agreement is reached between the noncustodial and custodial parent, which provides for an alternative arrangement.
D. The ONCSS shall promptly seek a refund when income has been improperly withheld.
E. The ONCSS shall promptly terminate an income assignment when there is no longer a current order for support and all past-due support has been paid in full.
F. The ONCSS shall allocate withheld amounts across multiple withholding orders to ensure that in no case shall the allocation result in a withholding for one of the support obligations not being implemented.
G. An obligor may execute a voluntary income assignment at any time. The voluntary assignment may be filed with the appropriate administrative or judicial court and shall take effect after service on the employer. ONCA 12-51, eff. June 18, 2012.