40-5-308. Order for deduction from income for child support payments.
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/mt/title-40/chapter-5/part-3/40-5-308·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-5-308 . Order for deduction from income for child support payments.
(1)The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if:
(a)the obligor fails to timely respond to the notice provided under 40-5-305 ;
(b)the obligor fails to appear at a scheduled hearing;
(c)the court determines that the obligor is delinquent in the payment of support; or
(d)the court determines there are new or additional delinquencies to be added to an existing deduction order.
(2)The order must state:
(a)the action involved;
(b)the total amount of back child support due and the amount of each court-ordered installment of child support;
(c)the amount to be deducted from the obligor's income and the amount, if any, allowed to the payor under 40-5-309
(2)as a fee for handling the deduction;
(d)the length of time the order is to remain in effect, if ascertainable; and
(e)the name and address of the person or entity to whom the deduction is to be paid by the payor.