1. (1) The maximum amount that can be deducted from an obligor’s disposable income for child support obligation is:

   1. (a) 50 percent if the obligor supports a second family and is behind 12 weeks or less in his/her child support obligation;
   2. (b) 55 percent if the obligor supports a second family and is more than 12 weeks behind in his/her child support obligation;
   3. (c) 60 percent if the obligor does not support a second family and is behind 12 weeks or less in his/her child support obligation; or
   4. (d) 65 percent if the obligor does not support a second family and is more than 12 weeks behind in his/her child support obligation.

2. (2) If the obligor has more than one income withholding order against his/her income, current support must be satisfied for all orders before any money is applied to arrearages. If the employer is unable to satisfy all the income withholding orders against an obligor because to do so would violate the applicable withholding limit:

   1. (a) The employer must notify the court that they are unable to comply; and
   2. (b) All orders should be brought before the court for review to ensure that all children receive child support.
3. (3) In IV-D child support cases if the noncustodial parent is ordered to pay current child support and medical support and his/her income is not sufficient to cover both obligations, current child support must be withheld first.

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).

History: New Rule: Filed June 5, 2001; effective July 10, 2001. Amended: Filed August 6, 2009; effective September 10, 2009.