(a) An obligor may object to a withholding commenced pursuant to § 46-207.01 by filing a motion to quash the withholding with the Court within 15 days after the earlier of the date the notice of withholding was mailed or the date the first payment was withheld.
(b) The Court shall resolve any motion to quash the withholding within 90 days after service of the motion on the opposing party, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion.
(c) The only ground for an objection to a withholding is a mistake of fact, which is defined as:
(1) A mistake in the amount of arrears;
(2) A mistake in the identity of the obligor; or
(3) A mistake in the amount of the withholding that causes the amount withheld to exceed the limits specified in § 46-208 or section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C.§ 1673(b)).
(d) Payment of arrearages after the date of issuance of a notice of withholding to the obligor pursuant to § 46-209 is not a defense to the withholding.
(e) The Court shall deny the motion in all cases except where the identity of the obligor is mistaken or, if applicable, where arrearages have never equaled one month of support payments, and shall notify the obligor.
(f) If the Court determines that the amount to be withheld exceeds the limits of § 46-208 or section 303(b) of the Consumer Credit Protection Act [15 U.S.C. § 1673(b)], the Court shall serve or direct the IV-D agency to serve an order to withhold on the holder that complies with those limits.
(g) The Court shall deny any request to stay the withholding pending resolution of an objection or appeal.
(Feb. 24, 1987, D.C. Law 6-166, § 11, 33 DCR 6710; Apr. 3, 2001, D.C. Law 13-269, § 108(j), 48 DCR 1270; Dec. 7, 2004, D.C. Law 15-205, § 3403(h), 51 DCR 8441; May 12, 2006, D.C. Law 16-100, § 3(j), 53 DCR 1886.)
Prior Codifications1981 Ed., § 30-510.
Section ReferencesThis section is referenced in § 46-209.
Effect of AmendmentsD.C. Law 13-269 rewrote the section which had read:
“(a) The Clerk shall issue the notice of withholding pursuant to § 46-211 unless the obligor files an objection to contest the withholding pursuant to this section within 15 days after the notice of intent to withhold is mailed.
“(b) The notice to the holder pursuant to § 46-211 shall be sent within 45 days of the date that the notice of intent to withhold was sent to the obligor pursuant to subsection (a) and this subsection. Any objections raised by the obligor shall be resolved within 45 days from the date that the notice of intent to withhold was sent.
“(d) Payment of arrearages after the date of the application to the Clerk of the Court for the issuance of a notice of intent to withhold pursuant to subsection (b) of this section is not a defense to the withholding.
“(e)(1) Objections filed to contest the withholding shall be filed with the Court.
“(2) The Court shall order withholding in all cases except where the identity of the obligor is mistaken or where arrearages have never equaled 30 days of support payments, and shall notify the obligor.
“(3) The notice of withholding shall include the time period within which the withholding shall begin, and shall contain the information given to the holder pursuant to § 46-211.
“(4) The Court shall not grant any request to stay implementation of withholding pending further objections or appeal.
“(5) If the Court determines that the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b), then the Court shall issue a notice of withholding to the holder that complies with those limits.
“(f) Notice to an obligor sent pursuant to § 46-222 shall comply with this section and provisions in § 46-222(a)(3).”
D.C. Law 15-205 rewrote subsec. (d); and, in par. (5) of subsec. (e), deleted “direct the Collection and Disbursement Unit to” following “The court shall”. Prior to amendment, subsec. (d) had read as follows: “(d) Payment of arrearages after the date of the application to the Collection and Disbursement Unit for the issuance of a notice of withholding pursuant to subsection (b) of this section is not a defense to the withholding.”
D.C. Law 16-100 rewrote the section, which had read:
“(a) For support orders subject to immediate or initiated withholding pursuant to § 46-207(a-1) or § 46-208(c), the obligor may contest the withholding by filing with the Court a motion to quash the withholding within 15 days of the date the notice of withholding is mailed. Upon the filing of a motion to quash the withholding, the Collection and Disbursement Unit shall hold in escrow all monies collected pursuant to the withholding until the motion is resolved or the Court orders the release of the escrow.
“(b) The Court shall resolve any motion to quash the withholding within 90 days of the date the notice of withholding was mailed, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion. If the Court finds that additional time is needed to resolve the motion, the Court may release to the obligee any funds held in escrow pursuant to the withholding and order the release of all further payments to the obligee pending further proceedings.
“(c) The only grounds for objection by an obligor are mistakes of fact which are defined as:
“(1) The amount of arrears;
“(2) The identity of the obligor; and
“(3) Whether the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b).
“(d) Payment of arrearages after the date of the issuance of a notice of withholding pursuant to § 46-209 is not a defense to the withholding.
“(e)(1) Motions filed to contest the withholding shall be filed with the Court.
“(2) The Court shall deny the motion in all cases except where the identity of the obligor is mistaken or where arrearages have never equaled one month of support payments, and shall notify the obligor.
“(3) Repealed.
“(4) The Court shall not grant any request to stay implementation of withholding or hold funds in escrow pending further objections or appeal.
“(5) If the Court determines that the amount to be withheld as a periodic payment exceeds the limits of 15 U.S.C. § 1673(b), the Court shall issue a notice to withhold to the holder that complies with those limits.
“(f) Repealed.”
Emergency LegislationFor temporary amendment of section, see § 7(j) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 23, 1998, 45 DCR 1923), § 7(j) 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(j) 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(j) 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 (90-day) amendment of section, see § 107(j) 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(j) 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(j) 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(j) 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(j) 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(h) 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(h) 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(k) 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(k) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Temporary LegislationFor temporary (225 day) amendment of section, see § 7(j) 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(j) 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(j) 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(k) of D.C. Law 16-42 rewrote section to read as follows:
“Sec. 11. Objections to withholding.
“(a) An obligor may object to a withholding commenced pursuant to section 8a by filing a motion to quash the withholding with the Court within 15 days after the earlier of the date the notice of withholding was mailed or the date the first payment was withheld.
“(b) The Court shall resolve any motion to quash the withholding within 90 days after service of the motion on the opposing party, unless, upon a showing of good cause, the Court finds that additional time is needed to resolve the motion.
“(c) The only ground for an objection to a withholding is a mistake of fact, which is defined as:
“(1) A mistake in the amount of arrears;
“(2) A mistake in the identity of the obligor; or
“(3) A mistake in the amount of the withholding that causes the amount withheld to exceed the limits specified in section 9 or section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)).
“(d) Payment of arrearages after the date of issuance of a notice of withholding to the obligor pursuant to section 10 is not a defense to the withholding.
“(e) The Court shall deny the motion in all cases except where the identity of the obligor is mistaken or, if applicable, where arrearages have never equaled one month of support payments, and shall notify the obligor.
“(f) If the Court determines that the amount to be withheld exceeds the limits of section 9 or section 303(b) of the Consumer Credit Protection Act, the Court shall serve or direct the IV-D agency to serve an order to withhold on the holder that complies with those limits.
“(g) The Court shall deny any request to stay the withholding pending resolution of an objection or appeal.”
Section 5(b) of D.C. Law 16-42 provided that the act shall expire after 225 days of its having taken effect.