§ 46–214. Termination of withholding.

(a) Withholding shall terminate:

(1) When the support obligation has been terminated and the total arrearage has been satisfied;

(2) When the holder, by reason of termination of employment or other reason, no longer holds earnings or other income payable to the obligor;

(3) When the payee has failed to give notice to the Court and the IV-D agency of a change of address as required by § 46-226.02, and the holder receives written notice from the Court or the IV-D agency that withholding is no longer required; or

(4) When the holder receives written notice from the Court or the IV-D agency that withholding is no longer required based on information received from another jurisdiction.

(b) The Court shall provide the IV-D agency with a copy of each notice of termination it issues to a holder within 2 business days after issuance.

(c) If, because of the failure of a payee to give notice to the Court and the IV-D agency of a change in address as required by § 46-226.02, the Collection and Disbursement Unit is unable, for a 3-month period, to deliver payments received pursuant to a notice or order to withhold, the IV-D agency shall send written notice to the holder to cease the withholding. The Collection and Disbursement Unit shall prorate and apply the undeliverable payments to satisfy amounts the obligor owes under other support orders, and shall prioritize these payments in accordance with § 46-217. If the obligor does not owe support under an additional support order, the Collection and Disbursement Unit shall apply the payments to any fees or debts owed to the IV-D agency and return the balance of the undeliverable payments, if any, to the obligor.

(Feb. 24, 1987, D.C. Law 6-166, § 15, 33 DCR 6710; Apr. 3, 2001, D.C. Law 13-269, § 108(n), 48 DCR 1270; Dec. 7, 2004, D.C. Law 15-205, § 3403(k), 51 DCR 8441; May 12, 2006, D.C. Law 16-100, § 3(n), 53 DCR 1886.)

Prior Codifications

1981 Ed., § 30-514.

Effect of Amendments

D.C. Law 13-269 substituted “Collection and Disbursement Unit” for “Court” throughout the section.

D.C. Law 15-205, in pars. (3) and (4) of subsec. (a), and in subsecs. (b) and (c), substituted “Court” for “Collection and Disbursement Unit”.

D.C. Law 16-100 rewrote the section, which had read:

“(a) Withholding shall terminate:

“(1) When the support obligation has been terminated and the total arrearage has been satisfied;

“(2) When the holder, by reason of termination of employment or other reason, no longer holds earnings or other income payable to the obligor;

“(3) When the payee has failed to give notice to the Court of a change of address as required by subsections (b) and (c) of this section; or

“(4) When the foreign jurisdiction gives notice to the Court that withholding is no longer required.

“(b) If the address of a payee changes, the payee, within a reasonable time, shall notify the Court.

“(c) If, because of the failure of a payee to give notice under this section, the Court is unable, for a 3-month period, to deliver payments owed pursuant to the withholding order, the Court shall return each undeliverable payment to the obligor and inform the holder to cease the withholding.”

Emergency Legislation

For temporary amendment of section, see § 7(m) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(m) 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(m) 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(m) 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(m) 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(m) 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(m) 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(m) 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(m) 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 § 3(r) 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(r) 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 Legislation

For temporary (225 day) amendment of section, see § 7(m) 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(n) 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(n) 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(o) of D.C. Law 16-42 rewrote section to read as follows:

“Sec. 15. Termination of withholding.

“(a) Withholding shall terminate:

“(1) When the support obligation has been terminated and the total arrearage has been satisfied;

“(2) When the holder, by reason of termination of employment or other reason, no longer holds earnings or other income payable to the obligor;

“(3) When the payee has failed to give notice to the Court and the IV-D agency of a change of address as required by section 27b, and the holder receives written notice from the Court or the IV-D agency that withholding is no longer required; or

“(4) When the holder receives written notice from the Court or the IV-D agency that withholding is no longer required based on information received from another jurisdiction.

“(b) The Court shall provide the IV-D agency with a copy of each notice of termination it issues to a holder within 2 business days after issuance.

“(c) If, because of the failure of a payee to give notice to the Court and the IV-D agency of a change in address as required by section 27b, the Collection and Disbursement Unit is unable, for a 3-month period, to deliver payments received pursuant to a notice or order to withhold, the IV-D agency shall send written notice to the holder to cease the withholding. The Collection and Disbursement Unit shall prorate and apply the undeliverable payments to satisfy amounts the obligor owes under other support orders, and shall prioritize these payments in accordance with section 18. If the obligor does not owe support under an additional support order, the Collection and Disbursement Unit shall apply the payments to any fees or debts owed to the IV-D agency and return the balance of the undeliverable payments, if any, to the obligor.”

Section 5(b) of D.C. Law 16-42 provided that the act shall expire after 225 days of its having taken effect.