(a) No employer shall discharge, refuse to employ, take disciplinary action, or otherwise discriminate against any obligor for the reason that a party has subjected or attempted to subject unpaid earnings of the obligor to withholding or like proceedings for the purposes of paying support.
(b) There shall be a rebuttable presumption that any employer who engages in conduct described in subsection (a) of this section, within 90 days from the date of receipt of a notice or order to withhold, is in violation of this subchapter and may be subject to the sanctions in subsection (c) of this section.
(c) Any employer who engages in conduct described in subsection (a) of this section shall be subject to a civil penalty of up to $10,000.
(d) Any civil penalty obtained under subsection (c) of this section shall be used to offset the obligor’s duty of support.
(Feb. 24, 1987, D.C. Law 6-166, § 20, 33 DCR 6710; May 12, 2006, D.C. Law 16-100, § 3(s), 53 DCR 1886.)
1981 Ed., § 30-519.
This section is referenced in § 46-211.
D.C. Law 16-100, in subsec. (a), deleted “employee or” preceding “obligor” and substituted “purposes of paying” for “purposes of paying child”; in subsec. (b), substituted “a notice or order to withhold,” for “the notice to the holder pursuant to § 46-211,”; and in subsec. (d), substituted “duty of” for “duty of child”.
For temporary (90 day) amendment of section, see § 3(t) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 3(t) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Section 3(t) of D.C. Law 16-42, in subsec. (a), deleted “employee or”, and deleted “child” after “purposes of paying”; in subsec. (b), substituted “a notice or order to withhold,” for “the notice to the holder pursuant to section 12,”; and in subsec. (d) deleted “child” after “duty of”.
Section 5(b) of D.C. Law 16-42 provided that the act shall expire after 225 days of its having taken effect.
Structure District of Columbia Code
Chapter 2 - Child Support and Medical Support Enforcement
Subchapter I - Child Support Enforcement
§ 46–202.01. Collection and Disbursement Unit
§ 46–203. Subrogation of District; notice to caretakers
§ 46–205. Contents of support order
§ 46–205.01. Inclusion of social security numbers in support records
§ 46–207. Enforcement by withholding
§ 46–207.01. Implementation of withholding
§ 46–209. Notice of withholding to the obligor
§ 46–210. Objections to withholding
§ 46–211. Notice to withhold to the holder
§ 46–212. Holder’s duty to withhold and make payments
§ 46–213. Judgment against holder for failure to comply
§ 46–214. Termination of withholding
§ 46–215. Lapse of order of withholding
§ 46–216. Termination of employment
§ 46–217. Limitations and priorities
§ 46–218. Voluntary income withholding
§ 46–219. No discrimination in employment for withholding
§ 46–221. Quashing withholding where judgment obtained to hinder just claims
§ 46–222. Interstate withholding
§ 46–223. Initiation of withholding in other jurisdictions
§ 46–224. Enforcement of orders by means other than income withholding
§ 46–224.01. Interception of lottery prizes for delinquent child support payments
§ 46–224.02. Parent locator service
§ 46–225. Reporting and publication of delinquent accounts
§ 46–225.02. Criminal contempt remedy for failure to pay child support
§ 46–226. Limitation of liability
§ 46–226.01. Child support enforcement funding
§ 46–226.02. Filing of identifying information by parties to paternity and support proceedings
§ 46–226.03. Authority of IV-D agency to expedite paternity and support processes
§ 46–226.04. Recognition and enforcement of authority of other state IV-D agencies
§ 46–226.05. Access to locate systems
§ 46–226.06. Directory of New Hires
§ 46–226.07. Administrative enforcement in interstate cases
§ 46–226.08. Fraudulent transfers
§ 46–226.09. Court ordered work requirements
§ 46–226.10. Automated procedures
§ 46–227. Rulemaking authority