Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-3-16 - INCOME WITHHOLDING
Section 660-3-16-.03 - Criteria For Issuing An Income Withholding Order
Current through Register Vol. 42, No. 11, August 30, 2024
(1) The obligor's child support payments are not deducted from his income until an income withholding order (IWO) is obtained and issued. Most support orders, depending on the time period in which they were entered, contain an IWO.
(2) An IWO is issued by serving notice on the obligor's employer.
(3) If the support order does not contain an IWO, legal action must be taken to enter an IWO before income withholding can be initiated.
(4) Support orders entered before 1984 do not contain income withholding orders. When a legal action is taken on a case with a pre-1984 support order, action should be taken at the same time to obtain an IWO. Upon entry of the income withholding order, it will be issued immediately unless:
(5) In the event that the court finds that the IWO should not be implemented immediately, the IWO may be issued when one of the following occurs:
(6) Support Orders entered between 1984 and November 1990 already contain an income withholding order. For a support order entered during this period, an income withholding order is issued when:
Author: Janice Grubbs
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).