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9-14-221. Income withholding — When orders take effect — Notice — Costs.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-221. Income withholding — When orders take effect — Notice — Costs.
(a) Orders of income withholding that were not effective immediately by order of the court, upon the consent of the noncustodial parent, or at the request of the custodial parent, shall become effective when payment arrearages owed by the noncustodial parent equal the total court-ordered support payable for thirty (30) days.
(b)(1) Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk.
(2) Actual costs of mailing the notice may be collected by the clerk from the custodial parent.
(3) The notice shall contain the following information:
(A) The amount to be withheld;
(B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable;
(C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration;
(D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact;
(E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding;
(F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the noti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-221
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-14-221
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 67e1b49558ac1f31beea6acff7daca63df6e09b60a39e69eaacb2706f43fe6c5
Source location: content.xml paragraph 8636
Stored source content
9-14-221. Income withholding — When orders take effect — Notice — Costs.
(a) Orders of income withholding that were not effective immediately by order of the court, upon the consent of the noncustodial parent, or at the request of the custodial parent, shall become effective when payment arrearages owed by the noncustodial parent equal the total court-ordered support payable for thirty (30) days.
(b)(1) Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk.
(2) Actual costs of mailing the notice may be collected by the clerk from the custodial parent.
(3) The notice shall contain the following information:
(A) The amount to be withheld;
(B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable;
(C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration;
(D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact;
(E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding;
(F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and
(G) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order.
(c)(1) Should the noncustodial parent contest the withholding because of mistake of fact, then after providing the noncustodial parent an opportunity to present his or her case the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence.
(2) The notice shall include the information to be provided to the payor as required in § 9-14-222.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-222. Income withholding — Notice to payor — Costs.
(a) A payor shall be notified of an order of income withholding by a notice as set forth in this section.
(b)(1) The order and notice of income withholding may be served on the payor by first class mail.
(2) If the payor does not remit the wage withholding in accordance with subdivision (d)(11) of this section, a second notice shall be sent pursuant to Rule 4 of the Arkansas Rules of Civil Procedure.
(c) Costs for service of this notice may be collected from the custodial parent.
(d) The notice shall include the following information:
(1) The noncustodial parent's name and Social Security number;
(2) The amount to be withheld and that the total amount actually withheld cannot be in excess of the maximum amount allowed under section 303(b) of the Consumer Credit Protection Act if the payor is the employer of the noncustodial parent;
(3) To whom and in what manner the withholding is to be paid and that the payments are to occur at the same time the noncustodial parent is paid;
(4) That the payor may deduct a fee not to exceed two dollars and fifty cents ($2.50) in addition to the court-ordered amount for the administrative cost incurred in each withholding;
(5) That withholding is binding on the payor until further notice by the court or its representative;
(6) That the payor, if an employer, is subject to a fine of up to fifty dollars ($50.00) a day for discharging a noncustodial parent from employment or for refusing to employ, or for taking disciplinary action against, any noncustodial parent because of the withholding;
(7) That the payor is liable for any amount up to the accumulated amount that should have been withheld should he or she fail to withhold income in accordance with the notic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-222
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-14-222. This identifies an authority to review, not proof of applicability.