Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-3-16 - INCOME WITHHOLDING
Section 660-3-16-.01 - Definitions
Universal Citation: AL Admin Code R 660-3-16-.01
Current through Register Vol. 42, No. 11, August 30, 2024
(1) As used in this Chapter, the following terms shall have the following meaning:
(a) "Income" - Wages, salary, tips,
commissions, bonuses, unemployment compensation, workers' compensation,
disability payments, payments pursuant to a pension or retirement program and
interest, and any and all money due or payable to a person, the entitlement to
which is based upon remuneration for employment, past or present, after the
deduction of those amounts required to be withheld by law. Income shall also
include any other continuous or periodic income from whatever source whether
earned or unearned except as expressly limited by law.
(b) "Employer" - Any person, business,
corporation, partnership, company, firm, or unit of municipal, county, state,
or federal government.
(c) "Court"
- Any juvenile or family court division of the circuit or district court in the
county where the mother of the child resides or is found, in the county where
the father resides or is found, or in the county where the child resides or is
found and, in the case of a petition seeking a divorce, or legal separation, a
petition seeking a modification of support previously ordered under a divorce
decree or a petition seeking a contempt citation for failure to pay support
previously ordered under a divorce decree, the circuit court or the domestic
relations division of the circuit court. In cases involving the enforcement of
another state's order of support within this state, court may mean the courts
of the county where the employer is located or is found, and may also mean the
court or agency of another state or jurisdiction outside the State of Alabama
whose functions include the issuance and enforcement of support
order.
(d) "Clerk of the Court" -
Any circuit court clerk, district court clerk, or juvenile court clerk, or
their employees, with responsibility for docketing or otherwise carrying out
the court's clerical duties in regard to domestic relations matters, support
and nonsupport cases, including the receipt and disbursement of support
payments.
(e) "Obligor" - Any
person ordered by the court to make periodic payments for the benefit and
support of another person or minor child.
(f) "Obligee" - Any person for whom support
benefits are ordered by the court and shall specifically include the Department
of Human Resources when any person has assigned their rights to support
payments to the department under any provision of law or when the department is
otherwise representing the obligee. Obligee may also include an agency or
department of this or another state or jurisdiction to which a person has
assigned his or her rights to support.
(g) "Department" - The Department of Human
Resources of Alabama, including the County Departments of Human
Resources.
(h) "Support or Support
Order" - Any order, decree or judgment for support of a child (or in the case
of an order being enforced pursuant to the requirements of Title IV-D of the
Social Security Act, a spouse or former spouse) issued by a court of this state
or a court or agency of another state or jurisdiction, whether interlocutory or
final, including orders issued for any of the following purposes:
1. Current support of a minor
child.
2. Current medical support,
which included the cost of medical support or unreimbursed medical
expenses.
3. Arrearage that has
accrued due to unpaid child or medical support during the child's minority,
including enforcement post-majority of arrearages accrued during minority and
interest that has accrued or continues to accrue on that arrearage.
4. Spousal Support when such spousal support
is collected by the Department of Human Resources or the department's designee
pursuant to the requirements of Title IV-D of the Social Security
Act.
(i) "State Title
IV-D Agency" - The state agency designated to administer the statewide child
support program authorized under Title IV-D of the Social Security
Act.
(j) Income Withholding Order
or Notice - An order or notice in the standardized format prescribed under
Title IV-D of the Social Security Act, as amended, that requires an employer to
deduct a portion of an employee's income for the payment of support.
Author: Janice Grubbs
Statutory Authority: Code of Ala. 1975, §§ 30-3-60, 30-3-191; 42 U.S.C. 666(b) and (c).
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.