1. (1) When a support order contains an income withholding provision and the case meets criteria for income withholding, the state IV-D agency may directly order the obligor’s employer to implement income withholding by issuing an Administrative Order/Notice to Withhold Income For Child Support. This action may be taken on both interstate and intrastate cases provided that there is no court action pending on the case.

2. (2) The employer must respond by:

   1. (a) Sending the withholding to the appropriate collection agent designated on the document;
   2. (b) Notifying the appropriate collection agent if the obligor changes employment, or if benefits that constitute income for the obligor are terminated;
   3. (c) Providing a copy of the Order/Notice to Withhold Income for Child Support to the noncustodial parent;

   4. (d) Complying with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

      1. 1. The employer’s fee for processing an income withholding order;
      2. 2. The maximum amount permitted to be withheld from the obligor’s income; and
      3. 3. The time within which the employer must implement the withholding order and forward the child support payment.

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.