Ala. Admin. Code r. 660-3-16-.02

Current through Register Vol. 42, No. 10, July 31, 2024

Section 660-3-16-.02 - Basis For Income Withholding

(1) Income withholding refers to the act of ordering an obligor's employer to withhold a portion of the obligor's income to apply to his/her child support obligation(s). Income withholding has been authorized in Alabama since 1984. In 1989, Alabama income withholding statutes were updated to require, effective November 1, 1990, immediate income withholding in all orders entered or modified in Alabama. Effective May 4, 1994, Alabama law provided for the termination of income withholding under certain circumstances without a hearing upon filing an affidavit by the obligor.

(2) Income Withholding is authorized as a means of collecting child support and spousal support (when collected in conjunction with child support).

(3) Employers are required to comply with income withholding orders or to show reason why they cannot comply.

(4) The State IV-D Agency has the authority to order that income withholding be implemented.

(5) This State IV-D Agency has the authority to increase the amount of monthly support payments to include amounts for arrears for the purpose of securing overdue support.

Author: Janice Grubbs

Ala. Admin. Code r. 660-3-16-.02

New Rule: Filed June 5, 2001; effective July 10, 2001.

Statutory Authority:Code of Ala. 1975, §§ 30-3-60 through 30-3-71, 30-3-197(a)(5) and (7), 30-3A-501 through 30-3A-506; 45 CFR 303.100; 42 U.S.C. 666(b) and (c).