The CS-22 Alabama form is a legal document used to establish a withholding order for child support payments. This form ensures that child support is deducted directly from an obligor's income, making it easier for the custodial parent to receive the necessary funds. Understanding this form is crucial for both parents involved in a child support case.
The CS-22 Alabama form serves as a vital instrument in the enforcement of child support obligations within the state. This form is utilized by the court to issue a withholding order that mandates an obligor—often a non-custodial parent—to contribute financially to their child's upbringing. It outlines specific payment amounts, which include both current child support and any arrears owed, ensuring that the child receives necessary financial support. The form also requires the obligor's employer to withhold a designated percentage of the obligor's disposable earnings or benefits to meet these obligations. This withholding process is designed to be efficient, with employers instructed to remit the deducted amounts to the Alabama Child Support Payment Center promptly. Additionally, the CS-22 includes provisions that protect the obligor from termination due to these withholdings and establishes legal consequences for employers who fail to comply with the order. Overall, the CS-22 form plays a crucial role in maintaining the financial responsibilities of parents, thereby supporting the welfare of children across Alabama.
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
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The CS-22 Alabama form is similar to the Income Withholding Order for Child Support, often used in various states. This document serves the same purpose of directing an employer to withhold a portion of an employee's wages to cover child support obligations. Just like the CS-22, it specifies the amount to be withheld for both current support and any arrears. Both documents ensure that the funds are sent directly to the appropriate child support agency, helping to streamline the payment process and ensure compliance with court orders.
Another document that resembles the CS-22 is the Child Support Enforcement (CSE) Order. This order is issued by a child support enforcement agency and outlines the obligations of the non-custodial parent. Similar to the CS-22, it requires income withholding but may also include provisions for health insurance coverage for the child. Both documents aim to ensure that children receive the financial support they need while establishing clear guidelines for enforcement.
The Wage Garnishment Order is another related document. This order allows creditors to collect debts directly from a debtor's wages. Like the CS-22, it mandates that a specific amount be withheld from the debtor's paycheck. While the CS-22 focuses on child support, both documents share the common goal of ensuring that financial obligations are met through direct wage deductions.
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The Support Enforcement Order is also similar to the CS-22 form. This order is typically issued by a court to enforce child support payments. It details the obligations of the non-custodial parent and may include income withholding provisions. Both documents serve to ensure that support payments are made in a timely manner and provide a legal framework for enforcement actions if necessary.
The Child Support Modification Order is another document that shares similarities with the CS-22. This order is used to change the amount of child support that a non-custodial parent must pay. While it may not directly involve income withholding, it often results in a new withholding order being issued, thus linking it closely to the CS-22. Both documents play a role in adjusting support obligations based on changing circumstances.
The Alimony Withholding Order is akin to the CS-22 in that it directs an employer to withhold payments for spousal support. Like the CS-22, this order specifies the amount to be deducted from an employee's paycheck. Both documents serve to ensure that financial support obligations are met, though one focuses on child support while the other addresses spousal support.
The Federal Tax Levy is also similar in nature to the CS-22 form. This document allows the IRS to collect unpaid taxes directly from a taxpayer's wages. Similar to child support withholding, it specifies the amount to be deducted from the taxpayer's paycheck. Both documents enforce financial obligations through direct wage garnishment, ensuring that debts are settled in a timely manner.
The Medical Support Order, which may accompany a child support order, is another document that shares similarities with the CS-22. This order requires a non-custodial parent to provide health insurance for their child. While it does not directly involve wage withholding, it often works in conjunction with the CS-22 to ensure comprehensive support for the child’s needs. Both documents aim to protect the welfare of the child by securing necessary financial and medical support.
Lastly, the Court Order for Payment of Debts is similar to the CS-22 in that it mandates payment from a debtor's income. This order can be issued for various debts, including child support. Both documents provide a legal mechanism for ensuring that financial obligations are met through wage deductions, thus highlighting the importance of compliance with court directives.
When filling out and using the CS-22 Alabama form, it is essential to understand the following key points:
Understanding these takeaways can help facilitate a smoother process in managing child support payments in Alabama.
The CS-22 form is a Withholding Order for the payment of child support. It is issued by a court in Alabama to ensure that an obligor, or the person responsible for paying child support, fulfills their financial obligations. The form mandates the obligor’s employer to withhold specific amounts from the obligor’s income to cover both current support and any arrears.
The primary individuals impacted by this form include the obligor, their employer, and the recipient of the child support, known as the obligee. The obligor is the individual required to pay child support, while the obligee is the person entitled to receive it. Additionally, any future employers of the obligor are also bound by the terms of this order.
The total amount withheld from the obligor’s disposable earnings cannot exceed a specified percentage, which is determined by law. This percentage ensures that the obligor retains enough income for their own living expenses while fulfilling their child support obligations.
If the obligor changes employment, both the obligor and their new employer are required to notify the court clerk of this change. The withholding order remains effective and binding on any new employer, ensuring that child support payments continue without interruption.
The employer is required to send the total amount deducted to the Alabama Child Support Payment Center within seven days of the obligor receiving their paycheck. This timely remittance is crucial for ensuring that the obligee receives the support payments promptly.
No, the employer cannot use the CS-22 order as a reason to discharge the obligor from their job. This provision protects the obligor’s employment status and ensures that they can continue to earn income to meet their child support obligations.
Employers who willfully fail to withhold or remit the required payments may be held personally liable for the amounts owed. The court may issue a judgment against the employer for the amounts that should have been withheld, ensuring that the obligee receives the necessary support.
Yes, there may be costs associated with entering the order for income withholding. These costs can be taxed against either the plaintiff or the defendant, depending on the court’s determination. In some cases, these costs may be waived or deemed not applicable.