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9-14-228. Income withholding — Procedures for payor.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:9-14-228
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2056248cb0584c0c58cb18f5f57f92adff42bfddec9f38fa2cf4192bbbe0bbb7
Source location: content.xml paragraph 8753
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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 amount each notice or order for past due support bears to the total amount due for past due support under all notices and orders.
(3)(A) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall notify employers of this change from first come, first served to pro rata in the treatment of multiple income withholding notices and orders for child support.
(B) Further, the office shall take steps through public information activities to inform the public of this change.
(C) As far as practicable, the office shall consolidate multiple income withholding notices and orders involving the same payor and noncustodial parent through issuance of a single notice to the payor under the notification procedures set out under § 9-14-222, delineating the amounts of pro rata disbursements to be made by the payor in Title IV-D cases.
(d) The payor shall implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed.
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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.