CHAPTER 70

FORMERLY

SENATE BILL NO. 101

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER II, CHAPTER 5, TITLE 13, DELAWARE CODE, RELATING TO VIOLATION OF SUPPORT ORDER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (2/3 of all the members elected to each House concurring therein):

Section 1. Amend §516, Subchapter II, Chapter 5, Title 13, Delaware Code by striking said section in Its entirety and substituting in lieu thereof a new section to read as follows:

"§516. Violation of Support Order for Sgouse or Child; Proceedings; Contempt; Assignment and Attachment of Wages; Employer's Duties

(a) if the Court, after notice to defendant and a hearing on a rule to show cause, concludes that the defendant has violated the terms of an order of support for a spouse or child, it may punish such defendant for contempt and may attach the defendant's wages.

(b) An attachment made pursuant to this section shall not be subject to the exemptions or limitations contained in 54913 of Title 10.

(c) In cases where the Court deems it appropriate, it may accept a voluntary assignment of wages from the defendant in lieu of an attachment of the defendant's wages.

(d) Upon receipt of a voluntary wage assignment or a certified copy of a wage attachment from the Court, the defendant's employer shall deduct the specified sum from the "net" or take-home" wages or salary due the defendant-employee and shall, within ten working days of such deduction, mall or otherwise deliver the said deduction to the Court, and shall continue to do so for so long as the defendant remains in his employ or until the Court orders otherwise. In every case, the remittance shall be by check or money order payable as directed and shall bear the defendant-employee's name.

(e) Upon receipt of the wage assignment or the certified copy of the order of attachment from the Court by certified mail, the employer becomes primarily liable for the payment of the obligations set forth in any such wage assignment or attachment, as well as such criminal and civil sanctions as the Court may impose in the event that the employer falls to comply with the terms of such wage assignments or attachments and is found to be in contempt by the Court.

(f) Any employer who falls to comply with the terms of this section or who dismisses, terminates, or causes the termination of a defendant's employment as a result of an attachment under this section shall be fined for the first offense not more than $1,000 or imprisoned not more than 90 days, or both, and for each subsequent offense shall be fined not more than $5,000 or imprisoned not more than I year, or both.

(g) If the employer is a corporation, criminal liability shall be established pursuant to 11 Del. C. §§281-284.

Approved June 30, 1981.