Current through the 2024 Budget Session
Section 20-6-216 - Petitions to modify, suspend or terminate income withholding order(a) At any time after an income withholding order has been served upon a payor pursuant to W.S. 20-6-211, the obligor, the obligee or the department may petition the court to: (i) Modify, suspend or terminate the income withholding order due to modification, suspension or termination of the support order;(ii) Modify the amount of income to be withheld to reflect payment in full of the arrearage by income withholding or otherwise;(iii) Reduce the amount of income being withheld by a payor to conform to the maximum limitations under W.S. 20-6-210(b)(iii) and to order the repayment by the obligee to the obligor of any amounts withheld in violation of W.S. 20-6-210(b)(iii);(iv) Suspend the income withholding order because of inability to deliver the withheld income to the obligee due to the obligee's failure to provide the clerk with a mailing address or other means of delivery for a period of ninety (90) days;(v) Repealed by Laws 1993, ch. 199, § 2.(vi) Suspend the income withholding order when the suspension is consented to by: (A) The obligor or the department if the support rights of the obligee have been assigned to the department; or(B) The obligor and the person to whom the duty of support is owed. When the parties under this subparagraph agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court.(b) An obligor may petition the court at any time to suspend or terminate an income withholding order upon grounds that:(i) The obligor did not receive a copy of a required delinquency notice as provided by W.S. 20-6-209(a); and(ii) Grounds exist as specified by W.S. 20-6-209(b) to contest the withholding.(c) An obligor may petition the court at any time to suspend the withholding of income when there is no longer a current order for support and all arrearages have been paid.(d) An income withholding order suspended under this section shall again become effective upon the subsequent occurrence of one (1) of the events specified by W.S. 20-6-205(a)(ii) or (iii). The income withholding order may thereafter be served upon a payor of the obligor subject to the notice and hearing requirements of this act.(e) The clerk shall mail to any affected payor a certified copy of any order entered under this section which affects the duties of the payor.