§ 10-138. Earnings withholding order upon request of the obligor or in contempt or other proceedings

   (a) Upon request of the obligor. -- Upon request of the obligor, the court shall immediately authorize service of an earnings withholding order.

(b) In contempt or other proceedings. -- Notwithstanding any other provision of this Part III, a court may at any time issue an earnings withholding order, in a contempt or other proceeding, if:

   (1) the recipient or the support enforcement agency has filed a petition that includes a request for an earnings withholding order; and

   (2) the obligor is in arrears in support payments of more than 30 days.

(c) Hearing. -- A hearing shall be held if the obligor appears and contests the issuance of the order.

(d) Amount. -- The amount of the wage withholding order entered under this subsection:

   (1) shall be enough to pay the support as originally entered by the court; and

   (2) may include a part of the arrearage.

HISTORY: 1987, ch. 150; 1991, ch. 37; 2001, ch. 299, § 1.