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Session Laws, 1982
Volume 742, Page 2677   View pdf image
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HARRY HUGHES, Governor

2677

defaulting party on whom a copy of the order is served and,
unless the court orders otherwise, shall have priority as
against any attachment, execution, or assignment.

[(4)] (6) (7) For purposes of this subsection,
arrearages in payment shall be computed on the basis of the
payments owed and unpaid on the date that, pursuant to law,
the defaulting party has been given notice of the
application for the earnings lien, and subsequent payment of
the arrearages by the defaulting party does not prohibit the
court from ordering a lien on the earnings.

(c) (1) Each person for whom support has been ordered
shall give notice of any change of address, within a
reasonable time after the change and by return-receipt mail,
to the court and the employer of the defaulting party and,
if the court ordered payments to be made to a State or
county officer, to the officer.

(2) An employer or officer who is unable to
deliver payments under the lien for a three-month period
because the person for whom support has been ordered failed
to give the required notice of a change of address may not
make further payments under the lien and shall return all
undeliverable payments to the employee.

(d)  On petition of the defaulting party, the court
shall terminate a lien ordered under this section if:

(1)  There have been 12 continuous and
uninterrupted months of full payment under the lien and all
arrearages have been satisfied; or

(2)  The employer or officer has been unable to
deliver payments under the lien for a three-month period
because the person for whom support has been ordered failed
to give the required notice of a change of address.

(e)  An employer may not use any lien authorized by
this section as grounds for reprisal against or the
dismissal of the employee.

(f)  This section does not limit the authority of the
State's attorney or any other State or county officer to
utilize any other civil and criminal remedies to enforce
spousal or child support obligations.

SECTION 2. AMD BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved May 20, 1982.

 

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Session Laws, 1982
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