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9-14-222. Income withholding — Notice to payor — Costs.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:9-14-222
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 167f2839e7f21e8577c7dc084bfb5347fc17ef8e920fd364a3bf4bbd9bb3f6d0
Source location: content.xml paragraph 8661
Stored source content
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 notice;
(8) That the withholding is for child support and, under § 9-14-219, takes priority over any other legal process against the same income;
(9) That the payor may combine and remit from several noncustodial parents one (1) withholding payment so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify the portion of the payment that is attributable to each of the noncustodial parents;
(10) That if the payor is already under an income withholding order under this subchapter, then the payor must make disbursements under each income withholding notice or order under the procedures for the payor provided under § 9-14-228;
(11) That the payor must implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed;
(12) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known; and
(13) The procedure available in that jurisdiction to the payor to object to the withholding on the ground of mistake of fact and that the objection must be made in writing and to whom it must be sent within seven (7) days following the date the notice was received or refused or the sanctions set forth in subdivisions (d)(6) and (7) of this section shall apply.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-219. Income withholding — Priority of order.
Orders of income withholding for support shall have priority over all other legal processes under state law against the money, income, or periodic earnings of the noncustodial parent.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-219
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 9-14-219. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-14-228. Income withholding — Procedures for payor.
(a)(1) A payor shall withhold the amount indicated in the notice from money, income, or periodic earnings due the noncustodial parent and remit the amount in the manner set forth in the notice.
(2) Payments are to be made at the same time the noncustodial parent is paid. The payor shall identify the date of income withholding on each payment.
(3) The amount withheld, when added to the administrative fee charged by the payor, shall not exceed the maximum limit under section 303(b) of the Consumer Credit Protection Act if the payor is an employer of the noncustodial parent.
(b) A payor may combine and remit one (1) single withholding payment from several noncustodial parents so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify that portion of the payment that is attributable to each of the noncustodial parents and the date of income withholding for each payment.
(c)(1) If there is more than one (1) notice or order for income withholding for current child support against a noncustodial parent and the total amount requested exceeds the limits imposed under the Consumer Credit Protection Act, the payor shall make pro rata disbursements, “pro rata” being the proportionate amount each notice or order bears to the total amount due for current support under all notices and orders.
(2) If the total to be withheld for current and past due support exceeds the Consumer Credit Protection Act's limits and if all notices and orders for current support have been satisfied, the payor shall make pro rata disbursements of the remaining amount available for disbursement for each notice or order involving past due support, “pro rata” being the proportionate amou
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-14-228
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 9-14-228. This identifies an authority to review, not proof of applicability.