Haw. Code R. § 5-31-32 - Income withholding

(a) The agency shall initiate income withholding for all title IV-D cases unless a determination has been made by the agency that income withholding would not be in the best interest of the child.

(b) If income withholding is initiated on the basis of an arrearage, the administrator or designee may sign an income withholding order which includes an additional amount to reduce the arrearages owed. A copy of the income withholding order shall be filed in the office of the clerk of the circuit court in the circuit where the child support order was issued.

(c) The agency shall send a filed copy of the income withholding order to the non-custodial parent and a notice of the income withholding to the employer. Such income withholding procedures and challenges thereto are specified in section 576D-14, Hawaii Revised Statutes.

(d) In those cases where current child support has been suspended or terminated and arrearages are owed, the most recent income withholding order that has not been terminated by court or administrative order shall continue in effect and may be served on current or future employers until such time as the arrearages are fully satisfied.

(e) Upon receipt of a written request for an administrative hearing regarding the income withholding action, the agency shall proceed under section 5-31-35.

Notes

Haw. Code R. § 5-31-32

[Eff and comp 10/31/1991; am and comp MAR 30 2014] (Auth: HRS §§ 91-2, 576D-10) (Imp: HRS §§ 571-52.2, 576D-6(a)(10); 45 C.F.R. §303.100)