(a) When an obligor under a support order derives income in another jurisdiction, the IV-D agency, the Court, or any other appropriate person or entity may serve a notice or order to withhold on a holder in the jurisdiction where the obligor receives income.
(b) In any case being enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), where the IV-D agency determines that the obligor derives income in another jurisdiction and that interstate withholding is necessary to enforce the support order, the IV-D agency shall, within 20 days of this determination, notify the IV-D agency in the jurisdiction in which the obligor derives income to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:
(1) The amount requested to be withheld;
(2) A copy of the support order with all modifications; and
(3) A statement of arrears, if appropriate.
CREDIT(S)
(Feb. 24, 1987, D.C. Law 6-166, § 24, 33 DCR 6710; Apr. 9, 1997, D.C. Law 11-170, § 2(f), 43 DCR 4480; Apr. 3, 2001, D.C. Law 13-269, § 108(t), 48 DCR 1270; Dec. 7, 2004, D.C. Law 15-205, § 3403(p), 51 DCR 8441; May 12, 2006, D.C. Law 16-100, § 3(w), 53 DCR 1886.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 30-523.
Effect of Amendments
D.C. Law 13-269 rewrote the section which had read:
“(a) Where an obligor under an order of support as described in § 46-207 derives income in another jurisdiction, any caretaker, custodian, responsible relative, or the Mayor may file an application requesting the Clerk of the Court to request the appropriate agency in the other jurisdiction to issue a notice or order to withhold that income.
“(b) Within 20 calendar days of a determination that a withholding is required in a particular case and receipt of information necessary to carry out the withholding, the Clerk of the Court shall notify the IV-D agency in the jurisdiction in which the obligor is employed to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:
“(1) The amount requested to be withheld;
“(2) A certified copy of the support order with all modifications;
“(3) A certified copy of any income withholding order or notice still in effect; and
“(4) If appropriate, a sworn statement of the obligee or certified statement of the IV-D agency of the arrearages.”
D.C. Law 15-205, in subsec. (a), substituted “Court” for “Collection and Disbursement Unit”; and, in subsec. (b), substituted “IV-D agency” for “Collection and Disbursement Unit”.
D.C. Law 16-100 rewrote the section, which had read:
“(a) When an obligor under a support order derives income in another jurisdiction, any caretaker, custodian, responsible relative, or the Mayor may request the Court to initiate withholding with the employer or holder in the jurisdiction where the obligor receives income.
“(b) Within 20 calendar days of a determination that a withholding is required in a particular case and receipt of information necessary to carry out the withholding, the IV-D agency shall notify the IV-D agency in the jurisdiction in which the obligor is employed to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:
“(1) The amount requested to be withheld;
“(2) A copy of the support order with all modifications;
“(3) A statement of arrears, if appropriate; and
“(4) Repealed.”
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(f) of Child Support Enforcement Temporary Amendment Act of 1995 (D.C. Law 11-47, September 20, 1995, law notification 42 DCR 5506).
For temporary (225 day) amendment of section, see § 2(f) of Child Support Enforcement Temporary Amendment Act of 1996 (D.C. Law 11-148, May 20, 1996, law notification 43 DCR 4353).
For temporary (225 day) amendment of section, see § 7(s) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 107(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 107(t) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Section 3(x) of D.C. Law 16-42 rewrote section to read as follows:
“Sec. 24. Initiation of withholding in other jurisdictions.
“(a) When an obligor under a support order derives income in another jurisdiction, the IV-D agency, the Court, or any other appropriate person or entity may serve a notice or order to withhold on a holder in the jurisdiction where the obligor receives income.
“(b) In any case being enforced by the IV-D agency pursuant to title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C.S. § 651 et seq.), where the IV-D agency determines that the obligor derives income in another jurisdiction and that interstate withholding is necessary to enforce the support order, the IV-D agency shall, within 20 days of this determination, notify the IV-D agency in the jurisdiction in which the obligor derives income to implement interstate withholding. The notice shall include all information necessary to carry out the withholding, including:
“(1) The amount requested to be withheld;
“(2) A copy of the support order with all modifications; and
“(3) A statement of arrears, if appropriate.”
Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 7(s) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(s) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(s) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(s) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary amendment of section, see § 2(f) of the Child Support Enforcement Emergency Amendment Act of 1996 (D.C. Act 11-250, April 15, 1996, 43 DCR 2131), § 2(f) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-304, July 31, 1996, 43 DCR 4474), and § 2(f) of the Child Support Enforcement Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-31, March 11, 1997, 44 DCR 1904).
For temporary (90-day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 107(t) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 108(t) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
For temporary (90 day) amendment of section, see § 3403(p) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 3403(p) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) amendment of section, see § 3(x) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 3(x) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Legislative History of Laws
For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 46-201.
For legislative history of D.C. Law 11-170, see Historical and Statutory Notes following § 46-205.
For D.C. Law 13-269, see notes following § 46-201.
For Law 15-205, see notes following § 46-202.01.
For Law 16-100, see notes following § 46-201.
Delegation of Authority
Delegation of authority pursuant to Law 6-166, see Mayor's Order 87-273, December 10, 1987.
