40-5-413. Notice of intent to withhold income. (1) Prior to service of an initial order or a modification of an existing order on the payor under 40-5-415, the department shall serve upon the obligor a notice of the intended action when:
     (a) income withholding is initiated under 40-5-412 because of a delinquency;
     (b) additional arrearages have accrued subsequent to the issuance of an order to withhold and the department proposes to add those arrearages to the withholding order; or
     (c) immediate withholding has commenced for current support and there are arrearages due for a period prior to entry of the order to withhold that the department proposes to add to the withholding order.
     (2) The notice must contain a statement:
     (a) of the amount to be withheld, including a computation showing the period and total amount of the arrearages as of the date of the notice;
     (b) that withholding applies to all current and subsequent payors;
     (c) of the obligor's right to a hearing under 40-5-414 to contest the initiation of income withholding or modification of an existing order on the ground that the intended action is not proper because of mistake of fact, as provided in 40-5-412(4);
     (d) of the period of time within which the obligor must request a hearing and that failure to request the hearing within the time limit will result in income withholding orders being served upon the payor for the amount stated in the notice; and
     (e) in those cases in which withholding is being initiated at the request of an obligee without regard to whether there is an arrearage as provided in 40-5-412(2), a statement that the obligor can require the obligee to appear and show proof that the obligor is not meeting the terms of the alternative arrangement.
     (3) The notice must be served upon the obligor personally or by certified mail.

     History: En. Sec. 6, Ch. 571, L. 1985; amd. Sec. 10, Ch. 702, L. 1989; amd. Sec. 9, Ch. 635, L. 1991.