Free Cs 22 Alabama PDF Template Fill Out This Document Now

Free Cs 22 Alabama PDF Template

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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Outline

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.

Documents used along the form

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.

  • CS-41: Child Support Order - This form is used to establish the initial child support obligations. It outlines the amount of support to be paid and the frequency of payments, ensuring that both parents are aware of their responsibilities.
  • CS-42: Motion to Modify Child Support - If there is a change in circumstances, such as a job loss or a significant increase in income, this form allows either parent to request a modification of the existing child support order. It provides a structured way to address changes in financial situations.
  • Firearm Bill of Sale - Understanding the legal implications of firearm transactions is essential. For detailed guidance, refer to the Bill of Sale for a Gun.
  • CS-43: Child Support Arrearage Calculation - This document is used to calculate any overdue child support payments, known as arrears. It helps in determining how much is owed and can be crucial for enforcement actions.
  • CS-44: Income Withholding Notice - This notice is sent to the employer of the obligor (the person required to pay support) to inform them of the withholding order. It ensures that the employer understands their responsibilities in deducting the specified amounts from the obligor's paycheck.
  • CS-45: Health Insurance Coverage Verification - This form verifies whether the obligor has health insurance available through their employment. If so, it may require the employer to enroll the child in the available coverage, which is an important aspect of child support obligations.

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.

Steps to Filling Out Cs 22 Alabama

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.

  1. Begin by entering the case number at the top of the form.
  2. Specify the type of court (Circuit or District) and the name of the county.
  3. Write the name of the plaintiff and the defendant in the appropriate spaces.
  4. Fill in the name of the obligor (the employee) and their employer.
  5. Provide the obligor's Social Security number and the employer's address, including city, state, and zip code.
  6. In the first section, write the name of the obligor and the amount they are ordered to pay for current child support and any arrears. Specify the frequency of these payments.
  7. Indicate whether the arrears are 12 weeks or greater by checking "yes" or "no."
  8. In the next section, specify the amounts to be withheld for current support and arrears, along with the total amount. Ensure that the total does not exceed the allowed percentage of the obligor's disposable earnings.
  9. List the address of the Alabama Child Support Payment Center where the withheld amounts will be sent.
  10. State the conditions for future withholdings and what to do when arrears are cleared.
  11. Indicate how the order will be served to the employer or Department of Industrial Relations.
  12. Fill in the section regarding costs associated with entering the order, indicating whether these costs are taxed against the plaintiff, defendant, waived, or not applicable.
  13. Include any necessary notifications regarding changes in employment or income for the obligor.
  14. Ensure that the employer understands they cannot use this order as a reason to discharge the obligor.
  15. Complete any additional notes or instructions in the provided space.
  16. Finally, have the judge sign and date the form at the bottom.

Misconceptions

Here are some common misconceptions about the CS-22 Alabama form, which is used for child support withholding orders:

  • Misconception 1: The CS-22 form is only for new child support cases.
  • This form can also be used to modify existing child support orders, not just for new cases.

  • Misconception 2: Employers can ignore the CS-22 form if they disagree with it.
  • Employers are legally required to comply with the CS-22 order once it is served, regardless of their personal opinions.

  • Misconception 3: The amount withheld can exceed the maximum percentage of disposable earnings.
  • The total amount withheld cannot exceed the percentage specified in the order, ensuring the obligor retains some income.

  • Misconception 4: The obligor can negotiate the withholding amount directly with their employer.
  • Any changes to the withholding amount must be approved by the court, not negotiated between the obligor and employer.

  • Misconception 5: The CS-22 form is optional for employers.
  • Employers must treat the CS-22 form as mandatory once it is served, ensuring compliance with the order.

  • Misconception 6: The obligor's employer can terminate employment due to the CS-22 order.
  • Employers cannot use the CS-22 as a reason for discharging the obligor, protecting their job security.

  • Misconception 7: Only the obligor is responsible for notifying the court of employment changes.
  • Both the obligor and their employer must inform the court of any changes in employment or income.

  • Misconception 8: The CS-22 form does not require the disclosure of the obligor's Social Security number.
  • Providing a Social Security number is mandatory for processing the child support order.

  • Misconception 9: The CS-22 form can be waived by mutual agreement between the parties.
  • This order cannot be waived or modified without court approval, ensuring legal enforcement.

  • Misconception 10: The costs associated with the CS-22 form are always the responsibility of the plaintiff.
  • The costs can be taxed against either party or waived, depending on the court's decision.

Form Sample

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

SAMPLE

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