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The CS-22 Alabama form serves as a critical tool in the enforcement of child support obligations within the state. This withholding order mandates that a specified amount be deducted from an obligor's income to ensure timely payment of child support. The form captures essential details, including the case number, names of the plaintiff and defendant, and the obligor's employer information. It outlines the amounts to be withheld for both current child support and any arrears. Notably, the total withholding cannot exceed a designated percentage of the obligor's disposable earnings. The form also stipulates that the employer must remit the withheld amounts to the Alabama Child Support Payment Center within a specific timeframe. Furthermore, it emphasizes the employer's obligations regarding notification of any changes in the obligor's employment status. This order remains binding until further notice from the court, ensuring that child support payments are consistently enforced. The CS-22 form not only facilitates the collection of child support but also protects the rights of all parties involved, establishing a clear legal framework for compliance.

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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

Form Specifications

Fact Name Description
Form Purpose The CS-22 form is used to establish a withholding order for the payment of child support in Alabama.
Governing Laws The form is governed by Alabama Code §§30-3-61, 30-3-62, and 25-4-152.
Employer Responsibilities Employers must withhold specified amounts from the obligor's income and remit them to the Alabama Child Support Payment Center.
Withholding Limits The total amount withheld cannot exceed a certain percentage of the obligor's disposable earnings or benefits.
Notification of Changes Employers are required to notify the court clerk of any changes in the obligor's employment status.
Legal Binding The order is binding on the employer and remains effective until further notice from the court.

Cs 22 Alabama: Usage Guidelines

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. Below are the steps to complete the form accurately.

  1. Begin by entering the case number at the top of the form.
  2. Indicate the court type (Circuit or District) and the name of the county.
  3. In the section labeled plaintiff, write the name of the individual or entity initiating the child support action.
  4. In the defendant section, enter the name of the individual responsible for making child support payments.
  5. Fill in the obligor’s name (the employee) and the obligor’s employer name.
  6. Provide the obligor’s Social Security Number and the employer’s address, including city, state, and zip code.
  7. Specify the amount the obligor is ordered to pay for current continuing child support and for any arrearages.
  8. Indicate whether the arrears are 12 weeks or greater by checking 'yes' or 'no'.
  9. Detail the amounts to be withheld from the obligor’s income for both current support and arrears.
  10. Calculate the total amount to be withheld and ensure it does not exceed the specified percentage of the obligor’s disposable earnings.
  11. Provide instructions for the employer regarding payment to the Alabama Child Support Payment Center.
  12. State how the order will be served on the obligor’s employer, selecting either personal service or certified mail.
  13. Indicate how the costs of entering the order will be handled, choosing from the options provided.
  14. Include any additional notes or instructions in the space provided at the end of the form.
  15. Finally, sign and date the form, including the judge's name and title.

Your Questions, Answered

What is the purpose of the CS-22 Alabama form?

The CS-22 form is a Withholding Order for the payment of child support. It is used to direct an obligor's employer to withhold a specified amount from the obligor's income or benefits to ensure timely payment of child support obligations. This form is essential for enforcing child support payments as mandated by Alabama law.

How does the withholding process work?

Once the CS-22 form is issued by the court, the employer is required to withhold the specified amounts from the obligor's paycheck. The total withheld must be sent to the Alabama Child Support Payment Center within seven days of the obligor receiving their paycheck. The form outlines the amounts to be withheld for current support and any arrears, ensuring that the obligor meets their financial responsibilities.

What happens if the obligor changes jobs?

The obligor, their employer, or the Department of Industrial Relations must notify the court clerk of any changes in employment or termination of income. This notification is crucial to ensure that child support payments continue without interruption. Failure to report such changes may lead to complications in the enforcement of the withholding order.

Can the employer discharge the obligor due to this order?

No, the employer cannot use the CS-22 form as a reason to discharge the obligor. The law protects the obligor from being fired or discriminated against for having a child support withholding order. Employers who fail to comply with this requirement may face legal consequences.

Common mistakes

  1. Incorrect Case Number: Failing to accurately enter the case number can lead to delays. Always double-check that the number matches the one assigned by the court.

  2. Missing Signatures: Signatures are crucial. Ensure that both the judge and the appropriate parties have signed the form. A missing signature can invalidate the order.

  3. Inaccurate Social Security Number: The obligor’s Social Security number must be correct. An error here can complicate enforcement and tracking.

  4. Improper Amounts Listed: Double-check the amounts entered for current support and arrears. Incorrect figures can lead to financial confusion and legal issues.

  5. Failure to Indicate Frequency: Specify how often payments will be made. Whether weekly, bi-weekly, or monthly, this detail is essential for proper withholding.

  6. Neglecting to Notify Changes: The obligor or employer must notify the court of any changes in employment. Failing to do so can lead to complications in enforcement.

  7. Ignoring Service Requirements: Ensure that the order is served correctly. Whether by personal service or certified mail, proper service is vital for the order's validity.

Documents used along the form

The CS-22 form is essential for establishing a withholding order for child support payments in Alabama. However, several other documents often accompany it to ensure proper processing and compliance with the court's directives. Below is a list of forms and documents that may be used alongside the CS-22.

  • CS-41: Child Support Order - This document outlines the terms of the child support obligation, including the amount to be paid and the frequency of payments. It serves as the legal basis for the CS-22 withholding order.
  • CS-42: Income Withholding for Support (IWO) - This form is used to notify an employer to withhold child support directly from an employee’s paycheck. It complements the CS-22 by providing specific instructions for the employer.
  • CS-43: Notice of Change of Employment - If the obligor changes jobs, this document informs the court and the child support enforcement agency of the new employment details. It ensures that withholding continues without interruption.
  • CS-44: Affidavit of Compliance - This affidavit is used to confirm that the employer has complied with the withholding order. It provides a record of the amounts withheld and paid to the child support payment center.
  • CS-45: Request for Review of Child Support Order - This form allows either party to request a review of the existing child support order. Changes in circumstances, such as income adjustments or changes in the child's needs, may warrant a review.
  • CS-46: Motion to Modify Child Support - This document is filed when a party wishes to formally request a change in the child support amount. It provides the court with reasons for the requested modification and supporting evidence.

These documents work together to create a clear and enforceable framework for child support payments. Understanding each form's purpose can help ensure compliance and facilitate smoother interactions with the court and child support agencies.

Similar forms

  • Child Support Enforcement Order: Similar to the CS-22 form, this document mandates the payment of child support and outlines the responsibilities of the obligor and the employer regarding withholding amounts from wages.
  • Income Withholding Order: This document directs an employer to withhold a specified amount from an employee's paycheck for child support, just like the CS-22 form, ensuring compliance with court orders.
  • Garnishment Order: A garnishment order allows creditors to collect debts directly from a debtor's wages. It shares similarities with the CS-22 in that both require employers to withhold payments from employees’ earnings.
  • Child Support Modification Order: This order adjusts the amount of child support due, similar to the CS-22, which can also be modified to reflect changes in the obligor's financial situation.
  • Judgment for Child Support Arrears: This document establishes a legal obligation for past due child support payments, akin to the CS-22, which addresses both current payments and arrears.
  • Health Insurance Coverage Order: This order requires an obligor to provide health insurance for their child, paralleling the CS-22 form's provision for health insurance enrollment through the obligor's employer.
  • Notice of Intent to Withhold: This document informs the obligor that their wages will be withheld for child support, functioning similarly to the CS-22 by providing notice to both the obligor and employer.
  • Affidavit of Support: This document is a sworn statement regarding support obligations, which can be related to the CS-22 form as both involve legal declarations concerning child support.
  • Order of Protection: While primarily for safety, this order can include provisions for child support, similar to the CS-22, which is also a court order addressing the welfare of children.
  • Employer Notification of Child Support Order: This document serves to inform employers of their obligations regarding child support payments, paralleling the CS-22's requirement for employers to withhold payments.

Dos and Don'ts

When filling out the CS-22 Alabama form, it's important to follow certain guidelines to ensure accuracy and compliance. Here are seven things you should and shouldn't do:

  • Do provide accurate information for all required fields, including the names of the obligor and the employer.
  • Do double-check the case number and ensure it matches the court records.
  • Do specify the correct amounts for current support and arrears clearly.
  • Do ensure the social security number is included, as it is mandatory.
  • Don't leave any required fields blank; incomplete forms can cause delays.
  • Don't forget to sign and date the form before submission.
  • Don't use any unofficial versions of the form; always use the most current version from the court.

Following these guidelines will help ensure that the form is processed smoothly and efficiently. Take your time, and review everything before submitting.

Misconceptions

Misconceptions about the CS-22 Alabama form can lead to confusion and mismanagement of child support obligations. Here are nine common misconceptions, along with clarifications:

  • Only the obligor is responsible for ensuring payments are made. This is false. Employers are legally required to withhold and remit payments as ordered by the court.
  • The CS-22 form is optional for employers. Incorrect. Employers must comply with the order once it is served, regardless of their personal opinion on the matter.
  • The percentage withheld can exceed the maximum limit set by law. This is not true. The total withheld cannot exceed a certain percentage of the obligor's disposable earnings.
  • Employers can ignore the order if they disagree with it. This misconception is dangerous. Ignoring the order can lead to legal consequences for the employer.
  • Changes in employment do not need to be reported. In reality, both the obligor and the employer must notify the court of any changes in employment status.
  • The CS-22 form can be waived by mutual agreement. This is incorrect. The order cannot be waived or altered without court approval.
  • Employers can discharge an employee based on the CS-22 order. This is false. Employers are prohibited from using the order as a reason for terminating employment.
  • Payments can be delayed without penalty. Not true. Timely payments are required, and delays can lead to further legal action.
  • Only the obligor’s current employer must comply with the order. This is misleading. Any future employers are also bound to comply with the order once they are notified.

Understanding these misconceptions is crucial for both obligors and employers to ensure compliance with child support obligations and avoid legal repercussions.

Key takeaways

When dealing with the CS-22 Alabama form, understanding its purpose and requirements is crucial. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The CS-22 form is a legal document used to establish a withholding order for child support payments. It ensures that child support is deducted directly from the obligor's income.
  • Filling Out the Form: Accurate information is essential. The form requires details such as the obligor's name, Social Security number, and employer's address. Missing or incorrect information can lead to delays.
  • Payment Structure: The form specifies the amounts to be withheld for current support and any arrears. It's important to understand how these amounts are calculated and reported.
  • Employer's Responsibilities: Employers must comply with the withholding order. They are required to deduct the specified amounts from the obligor's paycheck and remit them to the Alabama Child Support Payment Center within seven days.
  • Legal Obligations: This order is binding and remains effective until modified by the court. Employers cannot discharge an employee based solely on the withholding order, and failure to comply can result in legal consequences.

By keeping these points in mind, individuals involved in child support cases can navigate the process more effectively and ensure compliance with the law.