What is an Income Withholding Order in Divorce

What is an Income Withholding Order in Morgan County divorces, and does it have to be used every time? Support is an issue that will often arise when two spouses are wanting a divorce. Support is a monetary payment that is paid by one spouse (the obligor) to the other spouse (the obligee). Support may be awarded for the benefit of children, or it may be awarded for the benefit of one of the two spouses. These types of financial support are awarded for the purpose of supporting the standard of living and care that was customary or established during the marriage of the two spouses. Support can be awarded for medical support, too. Support obligations can either be agreed upon by both spouses, and it may be ordered by the Circuit Court judge. Either way, it is still possible that the obligor may fail to fulfill their support obligations.

One way that the obligee can ensure that they receive payment from the obligor is by filing an Income Withholding Order. An Income Withholding Order is a form that is sent to the obligor’s employer after an online divorce in Madison County is over. It requires the obligor’s employer, by law, to withhold a certain amount of the obligor’s income for the sole purpose of satisfying the obligor’s support obligations. It also requires that the designated amount be withheld indefinitely until the obligor’s employer receives further notice. This allows the support to be distributed to the obligee once the obligor has been paid, without the obligor ever having access to the designated amount. 

It is very important that the Income Withholding Order form is completed by your divorce lawyer in Birmingham with all of the correct and necessary information because the amount to be withheld must be calculated accurately. The form allows income to be withheld for both current and past-due payments of support. The exact amount and the frequency of payments will be specified in the order. The income can be withheld weekly, biweekly, semimonthly, or monthly, or it can be withheld once as a lump sum payment. In Alabama, employers must start withholding the income on the first pay period that is within 14 days of the employer receiving the Income Withholding Order, and the payment must be sent within 7 working days of the payment date, which the employer must keep record of. The form also states that withholding income for support obligations must be prioritized over any other legal process, and it states that if the employer fails to withhold income according to the order, then the employer will be liable for the amount that should have been withheld and any penalties set by the State of Alabama.

An Income Withholding Order in a Jefferson County uncontested divorce does not have to be used every time. In fact, an Income Withholding Order may never be used at all. Instead, the spouses may agree that the support will be paid directly from the obligor to the obligee. As long as the obligor is fulfilling their support obligations, then the method of payment is usually not a big deal. Support, regardless of the kind, can be paid by cash, check, or any other way that the spouses believe to be acceptable and appropriate. However, if the obligor ever fails to make timely payments of the correct amount, then the obligee can pursue an Income Withholding Order.

Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!

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