(1) within 2 business days after the issuance of an order requiring immediate wage withholding pursuant to section 353(a) of this chapter or within 2 business days after the date of the notice required by section 355 of this chapter, and without advance notice to the obligor; and
(2) in the event that the Administrative Hearing Office issues a decision pursuant to section 356 of this chapter that income withholding should not occur, the Division shall promptly terminate withholding and promptly refund any amounts which may have been collected in excess of the obligor's child support obligation.
The notice to the obligor's employer shall include the following:(a) the amount to be withheld from the obligor's income and a statement that the total amount actually withheld for support and the fee allowed pursuant to paragraph (j) of this section may not be in excess of the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. 1673(b));
(b) that the employer must send the amount to the Child Support Disbursement Unit established pursuant to section 372 of this chapter within seven (7) business days after the date the amount would (but for this section) have been paid or credited to the employee. Except that in the event the employer receives an income withholding order issued by another state pursuant to subchapter II of this chapter, the employer shall apply the income withholding law of the state of the obligor's principal place of employment in determining:
(i) the employer's fee for processing an income withholding order;
(ii) the maximum amount permitted to be withheld from the obligor's income;
(iii) the time periods within which the employer must implement the income withholding order and forward the child support payment;
(iv) the priorities for withholding and allocating income withheld for multiple child support obligees; and
(v) any withholding terms or conditions not specified in the order.
(c) that income withholding is binding upon the employer until further notice by the Paternity and Child Support Division or until the employer complies with paragraph (5) of section 358 of this chapter;
(d) that the employer is subject to a fine of not less than five hundred dollars ($500) but not more than one thousand dollars ($1000) for;
(i) discharging an obligor from employment, refusing to employ or taking disciplinary action against an obligor because of income withholding or because of the obligations or additional obligations which are required by this section and imposed upon the employer; or
(ii) failing to withhold support from income or failing to pay such amounts to the Child Support Disbursement Unit in accordance with this section.
(e) that if the employer fails to withhold income in accordance with the provisions of the notice, the employer is liable for the accumulated amount the employer should have withheld from the obligor's income;
(f) that the withholding of income for child support or child support in conjunction with spousal or former spousal support shall have priority over any other legal process under territorial law against the same income;
(g) that if the employer has received a notice of income withholding for more than one obligor, the employer may combine the amounts withheld from the obligor's income in a single payment to the Paternity and Child Support Division, provided the employer separately identifies the portion of the single payment that is attributable to each individual obligor;
(h) that the employer must implement withholding no later than the first regular pay date on which income would have been paid or credited to the employee following the date the notice was received by the employer, except that if the notice was received less than five (5) business days before the next regular pay date, the employer may implement withholding on the second following pay date, but that it is not required to vary its normal pay and disbursement cycles to comply with the withholding notice.
(i) that the employer must notify the Paternity and Child Support Division promptly when the obligor terminates employment and provide the obligor's last known address and the name and address of the obligor's new employer, if known; and
(j) that to be included in the amount withheld pursuant to paragraph (a) of this section, the employer may deduct a fee from the obligor's income for the administrative cost of each withholding which shall not exceed the lesser of one dollar ($1.00) or the actual cost of administration.
(3) The notice given to the employer pursuant to this section shall be in a standard format as prescribed by the Secretary of Health and Human Services.