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§15-16-10  Duties and liabilities of withholding agent. –

Published: 2015

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Domestic Relations


Income Withholding

SECTION 15-16-10

   § 15-16-10  Duties and liabilities of

withholding agent. –

(a) An income withholding agent shall remit to the clerk of the family court,

or any other remittee as directed in the income withholding order, all amounts

withheld from the income of an obligor within seven (7) days of the date the

income was paid or payable to the obligor, and the income withholding agent

shall specify the date and amount of each withholding included in the

remittance, the social security number of the obligor, the child support

account number, the employee's name, and any other information as required if

electronic transfer is utilized. The withholding agent may combine withheld

amounts from two (2) or more obligors into a single payment, provided that the

withholding agent separately identifies the individual obligors and the amount

attributable to each obligor.

   (b) An income withholding agent may deduct a fee of two

dollars ($2.00) from the obligor's remaining income for each payment made

pursuant to an income withholding order under this chapter.

   (c) The income withholding agent must notify the department,

in writing, of the termination of the obligor's employment within ten (10) days

of the termination. Notice shall include the last known address of the obligor

and the name and address of the obligor's new employer, if known.

   (d) Any withholding agent failing to comply with any of the

requirements of this chapter may be punished by the family court or its

magistrate for civil contempt. The court or its magistrate shall first afford

the withholding agent a reasonable opportunity to purge itself of the contempt.

   (e) Any withholding agent who fails or refuses to deliver

income pursuant to an income withholding order issued under this chapter, when

the withholding agent has had in its possession the income, shall be personally

liable for the amount of the income which the withholding agent failed or

refused to deliver, together with costs, interest, and reasonable attorney's


   (f) Any withholding agent who dismisses, demotes,

disciplines, refuses to hire, or in any way penalizes an obligor on account of

any income withholding order issued under this chapter shall be liable to the

obligor for all damages, together with costs, interest thereon, and reasonable

attorney's fees resulting from the action, and shall be subject to a fine not

to exceed one hundred dollars ($100). The withholding agent shall be required

to make full restitution to the aggrieved obligor, including reinstatements and

back pay.

   (g) A withholding agent may be enjoined by a court of

competent jurisdiction from continuing any action in violation of this chapter.

   (h) Compliance by a withholding agent with an income

withholding order issued under this chapter operates as a discharge of the

withholding agent's liability to the obligor as to that portion of the

obligor's income affected.

History of Section.

(P.L. 1987, ch. 163, § 1; P.L. 1990, ch. 478, § 2; P.L. 1994, ch.

209, § 1; P.L. 1996, ch. 129, § 6; P.L. 1996, ch. 131, § 6; P.L.

1996, ch. 132, § 6; P.L. 1996, ch. 133, § 6; P.L. 1997, ch. 170,

§ 6; P.L. 1998, ch. 442, § 7; P.L. 2004, ch. 6, § 33.)