Blank Cs 22 Alabama PDF Template Launch Editor

Blank Cs 22 Alabama PDF Template

The CS-22 Alabama form is an official document used by the State of Alabama Unified Judicial System for the withholding order for payment of child support. It outlines the obligations of an individual (the obligor) to pay child support, including the amounts for current support and arrearages, and specifies how these payments should be withheld from the obligor's income or benefits by employers or the Department of Industrial Relations. It is a vital tool for ensuring that child support payments are made promptly and accurately. To ensure compliance and a smoother legal process, individuals and employers should familiarize themselves with and accurately fill out this form by clicking the button below.

The CS-22 Alabama form plays a crucial role in ensuring that child support payments are made in a timely and efficient manner. This form serves as a withholding order that compels an obligor's employer or future employers, as well as the Department of Industrial Relations, to deduct child support payments directly from the obligor's income or benefits. It outlines the amount to be withheld for current child support and any arrearages, ensuring that the support payments align with the court's orders. This procedure not only facilitates the consistent delivery of child support but also prioritizes the welfare of the child or children involved. Additionally, the form takes into account federal tax liens and other garnishments, arranging them by the date of service to respect existing financial obligations. Employers are obligated to comply with this order within a specified timeframe and are prohibited from using the order as grounds for the obligor's dismissal. Moreover, the CS-22 form includes provisions for notification of changes in employment and imposes penalties for non-compliance, illustrating the form's comprehensive approach to enforcing child support payments. Furthermore, it is mandated that employers enroll the child or children in health insurance plans if available, underscoring the commitment to the child's well-being beyond just financial support. This system not only streamlines the process for collecting child support but also reinforces the legal responsibilities of employers in the framework of Alabama's child support enforcement efforts.

Example - Cs 22 Alabama Form

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 Attributes

Fact Detail
Form Name CS-22 Alabama Withholding Order for Payment of Child Support
Purpose To order the withholding of income for the payment of child support from an obligor's earnings
Governing Laws §30-3-61, §30-3-62, §25-4-152, Ala. Code 1975
Issued By Alabama Unified Judicial System
Who It Affects Obligor (Employee), Obligor’s Employer, Department of Industrial Relations
Payment Details Specifies amounts for current support and arrearages, and total withholding not to exceed a certain percentage of obligor’s disposable earnings
Order of Priority Federal tax lien, other child support orders by earliest date of service, and garnishments by earliest date of service
Employer/Department of Industrial Relations Instructions Pay withheld amounts to Alabama Child Support Payment Center within seven days of the obligor’s pay date; notify the court of any employment changes; do not discharge obligor due to order

Steps to Filling Out Cs 22 Alabama

Filling out the CS-22 Alabama form can be a critical step in ensuring the proper handling and payment of child support, a process that might seem complicated at first glance. However, breaking it down step by step can make it much easier to navigate. This form is used to order the withholding of wages for child support from an obligor's (the person who owes child support) paycheck, ensuring that child support payments are made in a timely and consistent manner. Here are the steps to properly fill out the form.

  1. Start by entering the case number at the top of the form.
  2. In the indicated spaces, fill in the court type (Circuit or District) and the name of the county where the court is located.
  3. Enter the names of the plaintiff and defendant respectively in the spaces provided.
  4. Write down the name of the obligor (employee) and the obligor’s employer in the designated sections.
  5. Fill in the obligor’s social security number and the employer’s address, including city, state, and zip code.
  6. Complete the section that describes the withholding order, specifying the amount the obligor must pay for current support, arrears, and the total amount. Additionally, indicate whether the arrears are 12 weeks or greater by checking the appropriate box.
  7. Determine the total amount to be withheld, ensuring it does not exceed the allowable percentage of the obligor’s disposable earnings or benefits, and fill in this information accordingly.
  8. Specify the priority of withholdings if the total amount exceeds the allowable percentage, following the guidelines given on the form.
  9. Enter instructions for the employer or Department of Industrial Relations about payments, including where and when to send the withheld amounts.
  10. Confirm the method by which the instructor’s directives are to be executed, noting the frequency of the obligor/employee's pay periods.
  11. Note any changes regarding withholding orders for arrearages once they are fully paid.
  12. Indicate the binding date for the order on the employer, any successor employers, or the Department of Industrial Relations following the Alabama Rules of Civil Procedure.
  13. Check the appropriate box to affirm how the order will be served on the employer or the Department of Industrial Relations.
  14. Address the allocation of costs for entering the order of income withholding, checking the corresponding box to indicate who is responsible.
  15. Complete the section requiring the obligor and/or the employer to notify the clerk of court regarding any changes in employment or termination of income/benefits.
  16. Assure that the employer understands they should not use the order as a basis for discharging the obligor/employee.
  17. Clarify the non-waivability of the order, regardless of mutual agreement between the parties involved in the case.
  18. Highlight the potential liability of the employer/successor employer/Department of Industrial Relations for not complying with the order.
  19. Fill in any additional information under the "Other" section if necessary.
  20. Verify if the clerk is directed to mail a copy of this order to the clerk of the court that entered the original order of support and notify them when withholdings commence.
  21. If applicable, check the box requiring the employer to enroll the child(ren) in health insurance coverage through the obligor’s employment.
  22. Lastly, the judge needs to sign and date the form at the bottom, completing the process.

By following these detailed steps, filling out the CS-22 Alabama form can be accomplished with clarity and precision. This ensures that all legal requirements are met for the withholding of child support payments, facilitating a smoother process for all parties involved.

Understanding Cs 22 Alabama

What is the purpose of Form CS-22 in Alabama?

Form CS-22 serves as an official court order for the withholding of income for payment of child support in the state of Alabama. This form is utilized to direct an obligor’s (the person responsible for paying child support) employer or the Department of Industrial Relations to withhold a specified amount from the obligor’s income or benefits. This amount is then used to pay current, continuing child support and/or arrearages.

Who fills out Form CS-22, and when is it used?

Form CS-22 is typically completed by a judge or court official following a legal determination of child support obligations. It is used after a court has issued an order establishing the amount of child support to be paid by the obligor to the obligee (the person entitled to receive child support). This form is necessary for implementing income withholding as a means of ensuring the regular payment of child support.

What information is required on Form CS-22?

The form requires details including the case number, court, obligor and obligee names, the obligor’s social security number, and the employer’s information. Specific amounts to be withheld for current child support, arrearages, and the total are specified. Additionally, it outlines the maximum percentage of the obligor’s disposable earnings that can be withheld.

How does an employer process Form CS-22?

Upon receipt of Form CS-22, the employer is ordered to withhold the specified amounts from the obligor’s income or benefits. The employer must send the withheld funds to the Alabama Child Support Payment Center within seven days of the obligor’s pay date. Employers can adjust the withholding amounts for pay periods to cumulatively meet the monthly support obligation if payments occur more frequently than monthly.

What are the consequences for not complying with Form CS-22?

Employers who fail or refuse to withhold or remit the ordered amounts may be found personally liable for the amounts that should have been withheld. The court may enter judgment against the employer for the total amount of support that was not withheld or remitted. Additionally, the employer cannot use the order as a basis for terminating the employment of the obligor.

Can Form CS-22 be modified or terminated?

Form CS-22 remains effective until a further order of the court modifies or terminates the withholding requirement. Either the obligee or the obligor can request a modification or termination of the order based on changes in circumstances, but any changes must be approved by a judge.

What should an employer do if the obligor’s employment situation changes?

An employer must notify the clerk of the court of any changes in the employment status of the obligor, such as termination of employment or changes in the source of income/benefits. This notification helps prevent interruptions in the payment of child support and ensures compliance with the withholding order.

Common mistakes

Filling out the CS-22 Alabama form, which pertains to withholding orders for the payment of child support, is a critical task that requires attention to detail. Mistakes can lead to delays in support payments, legal complications, or even penalties. Here are ten common mistakes individuals often make while filling out this form:

  1. Failing to provide complete information about the obligor's employer, including the full address and the employer’s name. This information is crucial for ensuring the enforcement of the withholding order.
  2. Incorrectly reporting the obligor’s Social Security Number. Accuracy in this detail is mandatory for the identification and tracking of payment records under the state’s child support enforcement program.
  3. Omitting or inaccurately reporting the total amount of arrearages, if applicable. This affects the calculation of the amount to be withheld for past due support.
  4. Not specifying the correct percentage of the obligor’s disposable earnings that can be withheld. This is important to comply with legal limits and ensure that the correct amount is deducted.
  5. Misunderstanding the order of priority for withholdings, especially when multiple withholdings apply. Knowing which debts take precedence is crucial for proper distribution of the obligor’s disposable earnings.
  6. Forgetting to include the pay frequency of the obligor. This information helps in determining how often the employer should withhold and remit child support payments.
  7. Incorrectly assuming the length of the withholding order’s validity. It remains effective until further court order, which means any changes in employment or personal information must be updated promptly.
  8. Failing to distribute copies of the withholding order as required, including to the obligor’s employer and the Alabama Child Support Payment Center. Proper service ensures all parties are informed and comply with the order.
  9. Neglecting to check the appropriate box regarding the costs of entering the order. Whether costs are taxed against the plaintiff, defendant, waived, or not applicable, this affects the financial responsibilities of the involved parties.
  10. Leaving the section regarding changes in employment or termination of benefits blank. Both the obligor and the employer are required to notify the clerk of court of any employment changes that would affect the withholding order.

Avoiding these mistakes is important for ensuring the prompt and correct payment of child support. Individuals filling out the CS-22 form should double-check all entries for accuracy, consult with a legal professional if there are uncertainties, and update any changes as soon as possible. By doing so, obligors, employers, and the courts can work together effectively to support the well-being of children.

Documents used along the form

When dealing with child support cases, particularly with the implementation of Form CS-22 in Alabama, a variety of additional documents often play crucial roles throughout the process. These documents ensure comprehensive coverage of the obligor's responsibilities and provide a structured framework for child support enforcement and modification. Below is an overview of some key forms and documents often accompanying Form CS-22, designed to aid both individuals and legal professionals in navigating the complexities of child support procedures.

  • Income Statement/Affidavit (CS-41): Essential for determining the financial obligations of the obligor, this form outlines the income and expenses, helping to establish the amount of child support required.
  • Child Support Obligation Income Statement/Affidavit (Form CS-42): This document complements the CS-41 by providing a detailed breakdown of both parents' incomes, which is critical for calculating the child support amount accurately.
  • Child Support Guidelines Form (CS-43): Alabama's guidelines for determining child support amounts are laid out in this form, ensuring that support payments adhere to state standards.
  • Notice of Compliance (CS-44): This is used to confirm the obligor’s employer has been notified about the withholding order and will comply with the terms for deducting child support payments from the obligor’s wages.
  • Request for Service by Certified Mail (Form CS-47): In cases where personal service is not possible or practical, this form allows for the child support order and other related documents to be served by certified mail.
  • Health Insurance Coverage Order (CS-30): When a court orders an obligor to provide health insurance for their child, this document outlines the specifics of the coverage required, reinforcing the importance of healthcare provisions in child support cases.
  • Modification of Child Support Order: Although not a standardized form, this document represents a formal request to the court for a change in the original child support agreement, necessitated by significant changes in income, custody, or financial needs of the child.
  • Arrearage Calculation Worksheet: While not a formal form, this worksheet is instrumental for calculating past due child support amounts. It helps in establishing the total arrearage that the obligor needs to pay, in addition to ongoing support.

Together, these documents form a comprehensive toolkit for addressing the various aspects of child support cases in Alabama. From establishing and calculating child support obligations to modifying orders and enforcing health insurance coverage, each form plays a vital role in the legal process. It's crucial for individuals and legal professionals to understand how these documents work in conjunction with Form CS-22 to ensure the efficient and fair handling of child support matters.

Similar forms

The CS-22 Alabama form, a vital document used for the withholding of child support payments, bears resemblance to various other legal documents in its structure and purpose. These documents, while tailored to different legal needs, share common features with the CS-22 form, such as the intention to ensure financial responsibilities are met through systematic deductions from an individual's income.

One such document similar to the CS-22 Alabama form is the Income Withholding for Support form, often used across various states in the U.S. This form serves a similar purpose of instructing an employer to withhold a specified amount of money from an employee's wages for child support payments. Both documents are crucial in the enforcement of child support orders, ensuring that support payments are consistently made directly from the obligor's income. They outline the amount to be deducted, the frequency of deductions, and where the deducted funds should be sent. However, specific legal references and the format might vary slightly to comply with state-specific laws and regulations.

Another document that shares similarities with the CS-22 form is the Notice of Lien for child support arrearages. While the primary aim of a Notice of Lien is to claim a legal right or hold on an obligor's property or financial assets until a debt is satisfied, it parallels the CS-22 in its goal to secure child support payments. Both documents are tools in the arsenal of child support enforcement, ensuring that parents fulfill their financial obligations to their children. The CS-22 form facilitates this through income withholding, while the Notice of Lien may target various assets. The connection lies in their mutual aim of supporting the child's welfare by leveraging financial obligations against the obligor.

The resemblance of the CS-22 form to these documents underscores a broader commitment within the legal system to protect and provide for children's needs. While each document applies under different circumstances, their collective purpose emphasizes the importance of consistent financial support from non-custodial parents. Understanding these documents and their application in child support enforcement highlights the multifaceted approach taken to ensure the wellbeing of children through financial means.

Dos and Don'ts

When dealing with legal documents such as the CS-22 Alabama form, a thorough and meticulous approach is essential to ensure accuracy and compliance with the law. This form, associated with child support withholding orders, requires careful attention to detail. Here are some important dos and don'ts to keep in mind when filling out this form:

  • Do review the entire form before you start to fill it out, ensuring you understand each section and its requirements.
  • Do ensure all personal information is accurate, including social security numbers, addresses, and employment details. This is crucial for identifying the parties and facilitating the withholding process.
  • Do use clear and legible handwriting if the form is to be filled out manually. Alternatively, if there's an option to fill it out electronically, take advantage of that to improve clarity and legibility.
  • Do verify the amounts ordered for child support and arrearages, ensuring they match any court orders or agreements in place.
  • Do adhere to the specified limits for withholding, as exceeding these can lead to legal complications for employers and financial issues for the obligor.
  • Do provide complete and accurate information regarding the employer and any future employers known at the time of completion.
  • Do ensure that all deadlines are met, especially concerning the remittance of withheld amounts to the Alabama Child Support Payment Center.
  • Do keep copies of the completed form for your records, as well as any receipts or confirmations of sent payments or communications.
  • Do contact a legal professional if you encounter any questions or uncertainties while filling out the form. It's essential to get it right to avoid potential legal issues.
  • Do update the relevant parties if any information changes after the form has been submitted, particularly employment details that could affect withholding orders.
  • Don't leave any fields blank. If a section does not apply, make sure to indicate this with an "N/A" or "None," as appropriate, to show that the question was not overlooked.
  • Don't guess on any details. If you're unsure, take the time to verify the information before including it on the form.
  • Don't use white-out or correction tape on the form. If you make a mistake, it's better to start over on a new form to ensure that all information is clear and unaltered.
  • Don't ignore the prioritization of withholdings if there are multiple orders. Ensure that you understand the order in which payments must be made.
  • Don't withhold more than the maximum allowed percentage of the obligor's disposable earnings, as doing so could harm the individual financially and place employers in a legally compromising position.
  • Don't send payments to the wrong address. Double-check the mailing information for the Alabama Child Support Payment Center to ensure timely and accurate delivery of payments.
  • Don't delay sending the withholding order to the obligor's employer or the Department of Industrial Relations. Timeliness is key in ensuring support payments are made without interruption.
  • Don't forget to serve a copy of the order immediately upon the obligor's employer or the Department of Industrial Relations as instructed.
  • Don't fail to notify the court if there are any discrepancies or if you anticipate any issues with the carrying out of the order.
  • Don't disregard any additional costs or fees that might be taxed as part of this order. Make sure to account for these in the financial arrangements.

Misconceptions

There are several misconceptions about the CS-22 Alabama form pertaining to the withholding order for the payment of child support. Clarifying these misunderstandings can help individuals better navigate the complexities of child support enforcement.

  • Misconception 1: The withholding order is only applicable to individuals with traditional employment.

    In reality, the order can also apply to other forms of income or benefits, thereby covering a wide range of financial supports beyond just a traditional paycheck.

  • Misconception 2: The employer can choose to ignore the withholding order without any legal consequences.

    Employers are legally obligated to comply with the withholding order. Failure to do so can make them personally liable to the obligee for the amounts that should have been withheld.

  • Misconception 3: The withholding order is permanent and cannot be updated or changed.

    This form remains effective until further order of the court, meaning it can be modified based on changes to the obligor's employment, income, or the needs of the child.

  • Misconception 4: The entire amount of the child support obligation must be withheld from a single paycheck.

    The order specifies that the employer may withhold a cumulative amount at each pay period sufficient to equal the total monthly support obligation if pay periods are more frequent than monthly.

  • Misconception 5: The CS-22 form is only applicable within the state of Alabama.

    While it is an Alabama form, the obligations and requirements can affect employers and obligors across state lines due to federal and inter-state child support enforcement laws.

  • Misconception 6: The withholding amount is arbitrary and not regulated.

    The total amount withheld for child support and arrearages cannot exceed a fixed percentage of the obligor’s disposable earnings, ensuring that the amount is both fair and regulated.

  • Misconception 7: Child support arrearages are given low priority in terms of payment.

    In fact, the priority of withholding gives precedence to federal tax liens and then to child support income withholding orders by the earliest date of service.

  • Misconception 8: Once arrearages are paid, the employer can stop withholding altogether.

    When total arrearages are paid, the employer must continue to withhold the current, ongoing support amount until further instructed by the court.

  • Misconception 9: Social Security numbers are optional on the CS-22 form.

    Disclosure of Social Security numbers is mandatory and used expressly for locating individuals for purposes related to support obligations, underpinned by federal law.

Understanding these specifics about the CS-22 form can significantly impact how both obligors and employers handle the delicate matter of child support payments, ensuring that children receive the financial support they are entitled to under the law.

Key takeaways

The CS-22 form in Alabama is a critical document pertaining to the enforcement of child support orders. It serves as an instruction for withholding child support funds directly from an obligor's (the person obligated to pay child support) income. Understanding the key aspects of this form can significantly streamline the process for all parties involved. Here are five key takeaways:

  • The CS-22 form is utilized to order employers to withhold earnings for child support and arrears if applicable. This includes specifying amounts for current child support, any arrears, and the total to be withheld not to exceed a certain percentage of the obligor's disposable earnings.
  • Employers must remit the withheld amounts to the Alabama Child Support Payment Center within seven days of the obligor being paid, ensuring timely support payment transfer to the receiving party.
  • This withholding order is binding on the obligor’s current and any future employers or the Department of Industrial Relations 14 days after service, and it will remain effective until the court issues further orders.
  • There are clear protections for employees: an employer cannot use this order as a basis for terminating an employee’s position. This ensures that the enforcement of child support does not negatively impact the obligor's employment status.
  • Failure by an employer or the Department of Industrial Relations to comply with the withholding order, such as a willful failure to withhold or pay the ordered amounts, may result in the employer being personally liable for the amounts that should have been withheld.

Furthermore, the form mandates that an employer must enroll eligible children in any health insurance coverage available through the obligor’s employment if indicated. Also, any changes in the obligor’s employment situation must be reported to the clerk of the court, ensuring the order's information remains current and accurate. Compliance with the CS-22 form is not optional; it represents a legal directive that supports the enforcement of child support and contributes to the wellbeing of the children involved.

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