Section 25.38 Direct Enforcement Through Income-Withholding Order

• Library: Family Law Deskbook and 2014 Supp

A. (§25.38) Direct Enforcement Through Income-Withholding Order

When an obligor seeks to enforce a support order through direct income withholding, a tribunal is unlikely to be involved unless there is a challenge to the withholding. UIFSA’s direct income-withholding provisions apply to any obligor’s employer that does business in a UIFSA state that has enacted the direct income-withholding provisions. Either party, a support enforcement agency, or an attorney can initiate the direct withholding of income by mailing an income-withholding order issued by any state directly to an obligor’s employer in the UIFSA state without filing any pleading or registering the order with a tribunal of that state. Section 454.932, RSMo Supp. 2011. As discussed in §25.12 above, federal law requires that all child support agencies use a standard form when issuing income-withholding orders to employers in other states.

In response to a direct income-withholding request, the employer is obliged to honor the order if it appears to be regular on its face, regardless of whether the issuing state had or has jurisdiction over the employer. Section 454.934(b), RSMo Supp. 2011. In addition, on receipt of the order, the employer must provide a copy...