Applicability of per centum limitations to judgment for support.
The per centum limitations prescribed by section 16-572 do not apply in the case of execution upon a judgment, order, or decree of any court of the District of Columbia for the payment of any sum for the support or maintenance of a person’s spouse or former spouse, domestic partner or former domestic partner, or children, and any such execution, judgment, order, or decree shall, in the discretion of the court, have priority over any other execution which is subject to the provisions of this subchapter. In the case of execution upon such a judgment, order, or decree for the payment of such sum for support or maintenance, the limitation shall be 50 per centum of the gross wages due or to become due to any such person for the pay period or periods ending in any calendar month, except that a notice or order to withhold issued pursuant to subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be subject to the limitations stated in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b) .
Annotations
Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1 Oct. 1, 1976, D.C. Law 1-87, § 13, 23 DCR 2544 Apr. 4, 2006, D.C. Law 16-79, § 4(b), 53 DCR 1035 May 12, 2006, D.C. Law 16-100, § 2(d), 53 DCR 1886 Mar. 25, 2009, D.C. Law 17-353, § 111(a)(2), 56 DCR 1117 For temporary (90 day) amendment of section, see § 2(d) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490). For temporary (90 day) amendment of section, see § 2(d) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648). For temporary (225 day) amendment of section, see § 2(d) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16-42, December 10, 2005, law notification 52 DCR 11038). D.C. Law 17-353 substituted “subchapter I of Chapter 2” for “Subchapter I of Chapter 2”. D.C. Law 16-100 substituted “, except that a notice or order to withhold issued pursuant to Subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be subject to the limitations stated in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b).” for the period at the end of the second sentence. D.C. Law 16-79 substituted “a person’s spouse or former spouse, domestic partner or former domestic partner, or children,” for “a person’s spouse, or former spouse, or children,”. 1973 Ed., § 16-577. 1981 Ed., § 16-577.
Sourced from the DC Council Open Law Library (public domain).
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