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2008 Amendments to the Uniform Interstate Family Support Act ...

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<strong>the</strong> state. Thus, for <strong>the</strong>re <strong>to</strong> be valid “service” of a withholding order on an employer in a state,<br />

<strong>the</strong> tribunal must have authority <strong>to</strong> bind <strong>the</strong> employer. In most cases, this requires <strong>the</strong> assertion of<br />

<strong>the</strong> authority of a local responding tribunal in a “registration for enforcement” proceeding. In<br />

short, <strong>the</strong> formality of “service” defeats <strong>the</strong> whole purpose of direct income withholding across<br />

state lines.<br />

The process contemplated in this article is direct “notification” of an employer in ano<strong>the</strong>r<br />

state of a withholding order without <strong>the</strong> involvement of initiating or responding tribunals.<br />

Therefore, receipt of a copy of a withholding order by facsimile, regular first class mail,<br />

registered or certified mail, or any o<strong>the</strong>r type of direct notice is sufficient <strong>to</strong> provide <strong>the</strong> requisite<br />

notice <strong>to</strong> trigger direct income withholding in <strong>the</strong> absence of a contest by <strong>the</strong> employee-obligor.<br />

This process is now widely used by not only child support enforcement agencies, but also by<br />

private collection agencies or private at<strong>to</strong>rneys acting on behalf of obligees.<br />

Except as provided in Section 507. Administrative Enforcement of Orders, none of <strong>the</strong><br />

sections in Article 5 are intended <strong>to</strong> apply <strong>to</strong> foreign support orders. While it is appropriate for<br />

U.S. employers <strong>to</strong> enforce sister state income-withholding orders routinely, enforcement of <strong>the</strong><br />

wide variety of possible foreign support orders provides <strong>to</strong>o many complexities and challenges <strong>to</strong><br />

require an employer <strong>to</strong> interpret and enforce ostensible foreign income-withholding orders.<br />

SECTION 502. EMPLOYER’S COMPLIANCE WITH INCOME-<br />

WITHHOLDING ORDER OF ANOTHER STATE.<br />

(a) Upon receipt of an income-withholding order, <strong>the</strong> obligor’s employer shall<br />

immediately provide a copy of <strong>the</strong> order <strong>to</strong> <strong>the</strong> obligor.<br />

(b) The employer shall treat an income-withholding order issued in ano<strong>the</strong>r State state<br />

which appears regular on its face as if it had been issued by a tribunal of this State state.<br />

(c) Except as o<strong>the</strong>rwise provided in subsection (d) and Section 503, <strong>the</strong> employer shall<br />

withhold and distribute <strong>the</strong> funds as directed in <strong>the</strong> withholding order by complying with terms<br />

of <strong>the</strong> order which specify:<br />

(1) <strong>the</strong> duration and amount of periodic payments of current child support, stated<br />

as a sum certain;<br />

(2) <strong>the</strong> person designated <strong>to</strong> receive payments and <strong>the</strong> address <strong>to</strong> which <strong>the</strong><br />

payments are <strong>to</strong> be forwarded;<br />

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