The CS-22 Alabama form is a legal document used to establish a withholding order for the payment of child support. This form outlines the obligations of the obligor, or the individual required to pay support, and details how their employer must withhold funds from their income. Understanding this form is crucial for both parents involved in child support arrangements, ensuring that payments are made consistently and legally.
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The CS-22 Alabama form serves as a vital tool in the enforcement of child support payments within the state. This withholding order is issued by the court to ensure that the obligor, or the individual responsible for paying child support, meets their financial obligations. It outlines the specific amounts to be withheld from the obligor’s income, including both current support and any arrearages. The form mandates that the obligor’s employer or the Department of Industrial Relations withhold a designated percentage of the obligor’s disposable earnings, ensuring that payments are made directly to the Alabama Child Support Payment Center. The CS-22 also establishes the timeline for payment, requiring employers to remit the withheld amounts within seven days of the obligor's payday. Moreover, it emphasizes the legal responsibility of employers to comply with the order, stipulating that failure to do so may result in personal liability. This form plays a crucial role in maintaining the financial support necessary for the well-being of children, while also outlining the rights and responsibilities of all parties involved.
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When dealing with child support cases in Alabama, the CS-22 form is an essential document used for income withholding orders. However, several other forms and documents often accompany it to ensure a smooth process. Understanding these documents can help clarify the steps involved in child support enforcement.
Each of these documents plays a vital role in the child support process, helping to ensure that children receive the financial support they need. Familiarizing yourself with these forms can empower you to navigate the complexities of child support more effectively.
Filling out the CS-22 form in Alabama is a straightforward process. This form is essential for establishing a withholding order for child support payments. Follow these steps carefully to ensure that all necessary information is accurately provided.
Here are some common misconceptions about the CS-22 Alabama form, which is used for child support withholding orders:
This form can also be used to modify existing child support orders, not just for new cases.
Employers are legally required to comply with the CS-22 order once it is served, regardless of their personal opinions.
The total amount withheld cannot exceed the percentage specified in the order, ensuring the obligor retains some income.
Any changes to the withholding amount must be approved by the court, not negotiated between the obligor and employer.
Employers must treat the CS-22 form as mandatory once it is served, ensuring compliance with the order.
Employers cannot use the CS-22 as a reason for discharging the obligor, protecting their job security.
Both the obligor and their employer must inform the court of any changes in employment or income.
Providing a Social Security number is mandatory for processing the child support order.
This order cannot be waived or modified without court approval, ensuring legal enforcement.
The costs can be taxed against either party or waived, depending on the court's decision.
State of Alabama
Unified Judicial System
SAMPLE
Form CS-22 Page 1 of 2 Rev. 03/ 01
WITHHOLDING ORDER
PAYMENT OF CHILD SUPPORT
Case Number
IN THE _______ _______ _______ _______ _______ _ COU RT O F ______ _______ _______ _______ ______, AL ABAMA
(Circuit or D istrict)(Name of County)
________________________________________________v. __________________________________________________________
Plaintiff
Defendant
______________________________________________________
___________________________________________________
Obligor (Employee)
Obligor’s Employer
________________________________________________
Obligor’s Social Security Number *
Employer’s Address
____________________________________________________
City
State
Zip Code
This Withholding Order for payment of child support is entered pursuant to the provisions of §30-3-61 or §30-3-62 or §25-4-152, Ala. Code 1975.
It is therefore ORDERED by this Court as follows:
1.____________________________________________________________________________ is ordered to pay the sum of:
(Name of Obligor)
$ ____________________ per ___________________ as current continuing child support; and
$ ____________________ per ___________________ toward the total arrearage of $ __________________.
Arrears 12 weeks or greater? G yes G no
2.The obligor’s present employer or any future employer or the Department of Industrial Relations is hereby ordered to withhold from income/benefits due or to become due the obligor:
$ ______________________ per ____________________ for current continuing child support; $ ______________________ per ____________________ for arrearages
$ ______________________ per ____________________ TOTAL.
THE TOTAL AMOUNT TO BE WITHHELD SHALL NOT EXCEED __________ % OF OBLIGOR’S DISPOSABLE EARNINGS/ BENEFITS. Should the total amount ordered withheld exceed the percentage of the defendant’s disposable earnings/benefits, the priority of withholdings is as follows: Any federal tax lien, any child support income withholding order by earliest date of service; and any garnishment by earliest date of service.
3.The employer/Department of Industrial Relations shall pay the total amount deducted to the Alabama Child Support Payment Center, P. O. Box 244015, Montgomery, Alabama 36124-4015, within seven (7) days of the date the obligor is paid the paycheck from which the support is withheld. If the obligor/employee’s pay periods are at intervals which are more frequent than once each month, the employer may withhold at each pay period an amount cumulatively sufficient to equal the total monthly support obligation.
4.When the total arrearage(s) have been withheld and remitted to the Alabama Child Support Payment Center, DEDUCT ONLY CURRENT, CONTINUING SUPPORT until further instructed by this Court.
5.This Order shall be binding upon the obligor’s employer/any successor employers/Department of Industrial Relations fourteen (14) days after service pursuant to the Alabama Rules of Civil Procedure and shall remain effective until further order of the Court.
6.A copy of this Order shall:
G Be served immed iately upon the obligor’s em ployer/Depart ment of Indust rial Relation s by G personal servi ce or by G certified
mail.
GRemain in the Court’s file until such time as an affidavit may be made by the obligee or obligor for service of such order.
*The disclosure of your social security number is mandatory. It is based on Section 466(a)(13) of the Social Security Act [42 U.S.C. 666(a)(13)], and it will be used under the state’s child support enforcement program to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing support obligations.
Court Record – White
Plaintiff – Green
Defendant – Yellow
Form CS-22 Page 2 of 2 Rev. 03/ 01
WITHHOLDING ORDER PAYMENT OF CHILD SUPPORT (Continued)
7.Costs of entering this order for income withholding are: G taxed against plaintiff G taxed against defendant G waived G not applicable.
Additional costs may be incurred and the Clerk is authorized to tax same if this order is served at a later date.
8.The obligor, the obligor’s employer/any future employer/or the Department of Industrial Relations as required by law, must notify the clerk of the court of any changes in employment or termination of income/benefits.
9.The employer shall not use this order as a basis for the discharge of the obligor/employee.
10.This order shall not under any circumstances be waived by mutual agreement of the parties to the case.
11.An employer/successor employer/Department of Industrial Relations who willfully fails or refuses to withhold or pay the amounts as ordered may be found to be personally liable to the obligee for failure to answer or withhold and in such cases conditional and final judgment for the amounts ordered to be withheld may be entered by the Court against the employer.
12.Other: __________________________________________________________________________________________________
________________________________________________________________________________________________________
G The Clerk is hereby directed to mail a copy of this order to the clerk of the court which entered the original order of support, and to
further notify the clerk when this Withholding Order is served upon an employer/Department of Industrial Relations and withholdings are to commence in accordance with §30-3-62(g) or §25-4-152, Ala. Code 1975.
G If checked, the employer is required to enroll the child(ren) identified above in any health insurance coverage available through the
employee’s/obligor’s employment.
DONE this the __________ day of __________________________, 20 ______.
Judge