Bill No.: HB0021                  Drafter:  JHR

LSO No.:  07LSO-0075              Effective Date:  7/1/2007

Enrolled Act No.:  HEA0089

Chapter No.:

Prime Sponsor:     Joint Judiciary Interim Committee

Catch Title:       Child support-income withholding.

Subject:  Amends responsibilities for preparing and mailing income withholding and related notices to payors for purposes of child support enforcement.

Summary/Major Elements:

· Under current law, notices of income withholding orders are prepared and mailed by certified mail return receipt requested, by either the clerk of court, the obligor or the obligee under specified circumstances.

· This act:

· Authorizes the mailing of the notice to payor by certified mail return receipt requested or by first class mail;

· Defines "notice to payor" to mean the notice to the employer of the obligor pursuant to an income withholding order;

· Clarifies that the notice to payor shall be prepared by the Department of Family Services (DFS) when acting pursuant to a request from any obligor or obligee, regardless of income, and eliminates the requirement that the clerk of court prepare the notice;

· Requires that the notice to payor be filed with the clerk of court by the party who prepared the notice (i.e., DFS or the obligee);

· Specifies that the amount a payor may withhold for processing an income withholding payment shall not exceed the amount allowed by federal law (previously the statutory amount was set at $5.00), plus the amount of the court order;

· Provides that notice to payor is binding upon the payor until further notice is provided;

· Provides an exception to the maximum $200 penalty that can be assessed against a payor who violates the notice to payor, if notice was not completed by sending the notice by certified mail return receipt requested, or by personal service upon the employer.