US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 341. Definitions

The following words and phrases when used in this title shall have the meanings respectively ascribed to them in this section, unless the context otherwise requires: (a) “arrearages,” “arrears,” or “overdue support” means the amount of delinquency pursuant to an obligation determined under a court order or an order of the hearing officer for support […]

§ 342. Persons obligated to support

(a) The following are obliged to support each other— (1) husband and wife; (2) legitimate ascendants and descendants up to 18 years of age; (3) parents and children and the legitimate descendants of the latter up to 18 years of age; (4) the adopter and the person adopted; and (5) parents and illegitimate children who […]

§ 343. Order of duty between two or more persons liable for support

A claim for support, when proper and when there are two or more persons who are bound to give it, shall be made in the following order— (1) to the husband or wife; (2) to the nearest descendants; (3) to the nearest ascendants; (4) to brothers or sisters. Among descendants and ascendants the gradation shall […]

§ 344. Apportionment of support between two or more obligors

(a) When the obligation to support devolves upon two or more persons, the amount that each shall pay shall be proportioned to his respective estate. Nevertheless in cases of urgent necessity and under special circumstances, the judge may order one of them to provisionally provide such support, and he shall have the right to reclaim […]

§ 345. Determining amount of support

(a) The amount provided for support, except for the support due to or on behalf of a child or children, shall be proportioned to the resources of the person giving such support and to the necessities of the party receiving it, and shall be reduced or increased in proportion to the resources or the necessities […]

§ 346. Time obligation arises

The obligation to support may be claimed from the time the person having a right thereto shall require such support, but it shall not begin until the date on which a petition therefor is made.

§ 347. Manner of payments

Payments for support shall be made monthly, in advance, and when the person receiving the same dies, his heirs shall not be required to repay any sum that may have been paid in advance.

§ 348. Manner of support

The person obliged to render support may either pay the amount required to be paid or receive and maintain in his own dwelling the person having a right to such support.

§ 350. Transfer of right; set-off

(a) The right to receive support can not be relinquished or transmitted to a third party; Provided, That in the case of a person who is receiving public assistance in the form of financial aid for dependent children from the Department of Social Welfare or any other governmental agency through any federal, territorial, or joint […]

§ 351. Time obligation ceases

The obligation to give support ceases— (1) with the death of the recipient; (2) when the means of the person obliged to give it shall have been reduced so that he cannot do so without disregarding his own needs and those of his family; (3) when the recipient is capable of working at a trade, […]

§ 353. Immediate income withholding for all orders requiring payment of child support or child support in conjunction with spousal or former spousal support

(a) Except as provided in subsection (b) of this section, every order of child support or child support in conjunction with spousal or former spousal support entered or modified by the Superior Court or an administrative hearing officer shall include a provision that the child support obligation of the order be enforced through immediate income […]

§ 354. Hearing officer

(a) There shall be appointed by the Governor upon the recommendation of the Attorney General, one (1) or more hearing officers who are by reason of training, education, experience and such other criteria as may be established in writing by the Attorney General qualified to hear and render decisions in paternity and child support cases. […]

§ 355. Notice for income withholding or income tax refund withholding

(a) Upon whichever may first occur: (1) the day the obligor fails to make payments under a child support order or an order for child support in conjunction with spousal or former spousal support in an amount equal to the support payable for one (1) month, or (2) the day on which an obligor or […]

§ 356. Hearing

(a) If the obligor wishes to contest income withholding or income tax refund withholding, he or she must notify the Division and the Administration Hearing Office in writing within ten (10) days of the notice provided for in section 355 of this chapter. Failure to inform the Division within ten (10) days of the date […]

§ 357. Notice to employer

The Division shall send written notice, or, at the discretion of the Division, notice through electronic means, of income withholding to the obligor’s employer: (1) within 2 business days after the issuance of an order requiring immediate wage withholding pursuant to section 353(a) of this chapter or within 2 business days after the date of […]

§ 358. Employer’s obligations

An employer who receives a notice or order of income withholding as provided in section 357 of this chapter shall: (1) withhold from the obligor’s income the amount stated in section 357(2)(a) of this chapter; (2) send this amount to the Child Support Disbursement Unit according to section 357(2)(b) of this chapter; (3) continue to […]

§ 359. Obligor’s obligation to inform about new employment

Any obligor whose income is subject to an income withholding order or notice must inform the Paternity and Child Support Division if he or she changes employers and must provide the Division with the new employer’s name and address within fourteen (14) days of the new employment.

§ 360. Employer’s liability for wrongful retribution

(a) No employer of a person whose income is subject to an income withholding order may discharge, refuse to employ, or take disciplinary action against such person because of the income withholding order. Any employee who is discharged, denied employment, or disciplined because of an income withholding order is entitled to damages suffered, plus employment […]