The CS-22 Alabama form is a legal document used to establish a withholding order for child support payments in the state of Alabama. It outlines the obligations of the obligor, the employer, and the court regarding the payment and withholding of child support. Understanding this form is crucial for ensuring compliance with child support orders.
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The CS-22 Alabama form serves as a crucial tool in the enforcement of child support payments, ensuring that financial obligations are met in a timely manner. This form is utilized by courts to issue a withholding order that mandates an obligor's employer to deduct specified amounts from the obligor's income. The form outlines the obligations of the obligor, including current child support payments and any arrearages that may have accumulated. It specifies the amounts to be withheld, ensuring they do not exceed a certain percentage of the obligor's disposable earnings. Additionally, the form provides instructions for the employer regarding the remittance of withheld funds to the Alabama Child Support Payment Center, emphasizing the importance of timely payments. The CS-22 also addresses the responsibilities of both the obligor and the employer, including notification requirements for changes in employment. This form is vital for maintaining the financial support of children and ensuring compliance with court orders.
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
Completing the CS-22 Alabama form requires careful attention to detail. The form is used to establish a withholding order for child support payments. Follow these steps to ensure the form is filled out accurately.
After completing the form, it must be submitted to the appropriate court for processing. Ensure that all required copies are made for distribution to the relevant parties involved in the child support case.
What is the purpose of the CS-22 Alabama form?
The CS-22 form is a Withholding Order for the payment of child support in Alabama. It is issued by the court to ensure that child support payments are deducted directly from the obligor's income. This helps ensure that the payments are made consistently and on time, providing financial support to the child as mandated by the court.
Who is responsible for complying with the CS-22 order?
The obligor's employer is responsible for complying with the CS-22 order. Once the order is served, the employer must withhold the specified amounts from the obligor's paycheck and remit these funds to the Alabama Child Support Payment Center. Additionally, the obligor must inform the court of any changes in employment status.
How much can be withheld from the obligor's earnings?
The total amount withheld from the obligor's disposable earnings or benefits cannot exceed a certain percentage, which is specified in the order. This percentage is designed to protect the obligor's ability to meet their own financial obligations while ensuring that child support payments are made. The order also outlines the priority of withholdings in case multiple orders exist.
What happens if the employer fails to comply with the CS-22 order?
If an employer willfully fails or refuses to withhold the required amounts as ordered, they may be held personally liable. The court can enter a judgment against the employer for the amounts that should have been withheld. This emphasizes the importance of compliance with the order to avoid legal repercussions.
Filling out the CS-22 Alabama form can be straightforward, but many make common mistakes that can lead to delays or complications. One major error is failing to provide accurate information. This includes the obligor’s name, Social Security number, and employer details. Any inaccuracies can result in the form being rejected or delayed.
Another frequent mistake is not specifying the correct amounts for child support and arrears. Ensure that the amounts listed are clear and accurate. Leaving these fields blank or entering incorrect figures can create confusion and lead to enforcement issues later.
People often overlook the percentage limit on disposable earnings. The total amount withheld cannot exceed a certain percentage of the obligor’s earnings. Failing to adhere to this rule can result in legal complications for both the employer and the obligor.
Many individuals also forget to check the box regarding arrears. This section is crucial, especially if the obligor has missed payments. Not indicating whether arrears exist can lead to misunderstandings about the total amount owed.
Another common mistake involves not notifying the court of employment changes. The obligor, employer, or Department of Industrial Relations must inform the court of any changes in employment status. Neglecting this requirement can complicate the enforcement of the order.
Some individuals fail to sign the form or provide the necessary date. An unsigned form is not valid, and without a date, it can create questions about when the order was issued. Always double-check that the form is signed and dated correctly.
Lastly, many forget to keep a copy of the completed form for their records. Having a copy can be essential for future reference or if any disputes arise. It’s always wise to maintain documentation of legal matters.
The CS-22 form is a critical document in the process of enforcing child support payments in Alabama. However, it is often accompanied by several other forms and documents that facilitate the child support enforcement process. Understanding these additional documents can provide a clearer picture of how the system operates and the responsibilities of each party involved.
Each of these forms plays a significant role in the child support enforcement process, ensuring that obligations are met and that the best interests of the child are upheld. Familiarity with these documents can empower both obligors and obligees to navigate the complexities of child support effectively.
The CS-22 Alabama form, which serves as a withholding order for child support payments, shares similarities with several other legal documents. Each document has its own specific purpose but often operates under similar principles regarding financial obligations and enforcement. Below is a list of nine documents that are comparable to the CS-22 form:
When filling out the CS-22 Alabama form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:
Following these guidelines will help ensure that the CS-22 form is filled out correctly, minimizing the chances of delays or issues with child support payments.
This form is mandatory for employers when they receive a withholding order for child support. Ignoring it can lead to legal consequences.
The employer must withhold the specified amounts as stated in the order. Any adjustments require court approval.
Employers are prohibited from terminating an employee solely because of a child support withholding order. Doing so can lead to legal action against the employer.
Employers must remit the withheld amounts to the Alabama Child Support Payment Center within seven days of the employee’s payday. Delays can result in penalties.
Any modification or waiver of the withholding order must be approved by the court. Verbal agreements between parties do not hold legal weight.
Filling out and using the CS-22 Alabama form is a crucial step in ensuring that child support payments are handled correctly. Here are some key takeaways to keep in mind:
Understanding these points can help ensure that the process runs smoothly and that child support obligations are met in a timely manner. Always refer back to the form for specific instructions and requirements.