(a) Any provision of Section 8-5-21, to the contrary notwithstanding, any original decree, judgment, or order issued by a court of this state for the payment of support, any decree or judgment entered pursuant to a petition to modify an original decree or award of support, any decree or judgment of contempt of court for failure to pay support as previously ordered by a court of this state, or any decree or judgment for criminal or civil nonsupport shall include as a separate section a withholding order subject to subsection (c) of this section directing any employer of the obligor to withhold and pay over to the clerk of the court or the Department of Human Resources, or its designee, whichever is appropriate, out of income due or to become due the obligor at each pay period, an amount ordered to be paid for support. The withholding order shall not under any circumstances be waived by mutual agreement of the parties to the case.
(b) The withholding order shall recite the amount of the obligor’s continuing support obligation and shall require the withholding of the support obligation from the income due or becoming due to the obligor at each pay period and payment to the clerk of the court out of which the order is issued or the department or its designee, whichever is appropriate within seven business days of the date the obligor is paid the paycheck from which the support is withheld. Provided, if the obligor’s support obligation is ordered to be paid monthly and the obligor’s pay periods are at more frequent intervals, the employer may withhold at each pay period an amount cumulatively sufficient to equal the total monthly support obligation and pay the amount withheld at each pay period over to the clerk of the court or the department or its designee, within seven business days of the date the obligor is paid the paycheck from which the amount is withheld. The employer shall withhold the obligation amount as directed in the income withholding order, except that when an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor’s principal place of employment in determining the following:
(1) The employer’s fee for processing an income withholding order.
(2) The maximum amount permitted to be withheld from an obligor’s income.
(3) The time periods within which the employer is required to implement the income withholding order and forward the obligor’s payment.
(4) The priorities for withholding and allocating income withheld for multiple child support obligees.
(5) Any withholding terms or conditions not specified in the order.
(c) The withholding order shall also recite the duty of the obligor and the employer to notify the collecting agency of any change in employment or termination of income of the obligor as provided in this article.
(d) A withholding order issued pursuant to this section shall be a continuing order and shall remain in effect and be binding upon any employer upon whom it is served until further order of the court. Where any order of support is entered or modified, the withholding order issued pursuant to this section shall be served immediately upon the obligor’s employer and shall take effect immediately; except immediate withholding shall not be implemented in any case where one of the parties demonstrates, and the court finds, there is good cause not to require immediate income withholding, or a written agreement is reached between both parties which provides for an alternative arrangement. In such cases, income withholding shall be implemented if the absent parent fails to make payments in an amount equal to one month’s support obligation, or the absent parent requests immediate withholding, or the payee or the department requests that withholding begin and the absent parent has failed to make a payment or payments on the date or dates due.
(e) In the event the obligor becomes delinquent in the support payments in a dollar amount equal to one or more month’s support obligation, or a withholding order entered at the request of the department was not immediately served upon the employer, or at such time as the obligor wishes to have the income withholding order served upon his employer, the obligee or the obligor may file with the clerk of the court a sworn affidavit stating the appropriate basis upon which service of the income withholding order is now being sought. Upon the filing of the affidavit and the payment of a docket fee in the same amount as is prescribed by Section 12-19-75 for the filing of a garnishment proceeding, a copy of the withholding order issued pursuant to this section shall be served upon the employer pursuant to the Alabama Rules of Civil Procedure. A copy shall be served upon the obligor by first class mail. Provided, the cost of the filing shall not be prepaid if, upon the filing of an affidavit of substantial hardship, the obligee or obligor is found by the court to be incapable of prepaying the cost or if the affidavit is filed by the department or a representative of the department, but in such cases the cost of the filing shall be taxed as costs against the obligor at the time service of the order is requested and shall be withheld from the obligor’s first pay period subjected to the income withholding order. Additionally, when service upon the employer is requested by means of certified mail, the actual cost of the service shall be prepaid in all cases at the time the service is requested.
(f) In the event that the obligor with a support obligation imposed by a support order issued or modified in the state before October 1, 1996, becomes delinquent in support payments in a dollar amount equal to one or more month’s support obligation, the income of the obligor, if not otherwise subject to withholding, shall become subject to withholding, without the need for a judicial or administrative hearing.
(Acts 1984, No. 84-445, p. 1035, §2; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §2; Acts 1989, No. 89-660, p. 1312, §1; Acts 1991, No. 91-559, §1; Acts 1993, No. 93-321, p. 484, §1; Acts 1997, No. 97-447, p. 772, §11.)
Notes of Decisions
Cited in
16
cases, 1987–2018 · leading case:
W.L.S. v. K.S.S.V., 810 So. 2d 777 (Ala. Civ. App. 2001).
W.L.S. v. K.S.S.V., 810 So. 2d 777 (Ala. Civ. App. 2001).
· cites it 11× “Neither § 30-3-60 nor § 30-3-61 define the term ''nonsupport.” However, the Legislature plainly intended that "wonsupport” would mean the absence of "support,” i.”
Burgess v. Burgess, 99 So. 3d 1237 (Ala. Civ. App. 2012).
· cites it 3× “Thus, the trial court acted within its jurisdiction by issuing its August 1, 1997, income withholding order, which effectively amended its April 24, 1997, judgment so as to comply with the requirements of § 30-3-61 [, Ala.Code 1975]. Moreover, we note that the trial court had…”
Blackston v. Blackston, 607 So. 2d 1262 (Ala. Civ. App. 1991).
· cites it 7× “The father argues, however, that he is entitled to a hearing based upon § 30-3-61(c), which states in part: “Where any order of support is entered or modified at the request of the department, the withholding order issued therewith pursuant to this section shall be served…”
Derie v. Derie, 689 So. 2d 142 (Ala. Civ. App. 1996).
· cites it 3× “Ala.Code 1975, § 30-3-61(a), provides that when the trial court issues an order for the payment of *146 child support, the court must include, as a separate section, a withholding order directing the obligor's employer to withhold the amount of the support obligation from the…”
Alabama Dep't of Corr. v. Merritt, 74 So. 3d 1 (Ala. Civ. App. 2010).
· cites it 2× “Arguably, child support deducted through an income-withholding order is to be deducted by the inmate's employer, see Ala.Code 1975, § 30-3-61; the parties did not explain by what statute the department was authorized to withhold and collect child support from an inmate's…”
Wls v. Kssv, 810 So. 2d 777 (Ala. Civ. App. 2001).
· cites it 12× “[2] Neither § 30-3-60 nor § 30-3-61 define the term "nonsupport." However, the Legislature plainly intended that " non support" would mean the absence of "support," i.”
State ex rel. Henson v. Richardson, 621 So. 2d 989 (Ala. Civ. App. 1992).
· cites it 5× “” Additionally, the motion alleged that the trial court’s order did not provide for immediate income withholding pursuant to § 30-3-61, Code 1975. The State’s motion was denied.”
State Dep't of Human Resources ex rel. Nelson v. Nelson, 606 So. 2d 168 (Ala. Civ. App. 1992).
· cites it 4× “Ala.Code 1975, § 30-3-61(c) provides that when the State requests a modified order of support, the withholding order shall be served immediately upon the obligor’s employer and takes effect immediately, unless one of the parties demonstrates, and the court finds, that there is…”
Jester v. Jester, 795 So. 2d 743 (Ala. Civ. App. 2001).
“That reference is made hereby to a separate order entitled ‘Order of Continuing Income Withholding for Support,’ the entry of which is required of this Court by the provisions of Section 30-3-61 of the Code of Alabama and which specifically is incorporated herein as a part of…”
State ex rel. Henson v. Richardson, 621 So. 2d 991 (Ala. 1993).
· cites it 2× “Ala.Code 1975, § 30-3-61(c), provides, in pertinent part: “Where any order of support is entered or modified at the request of the department, the withholding order issued therewith pursuant to this section shall be served immediately upon the obligor’s employer and shall take…”
State Dep't of Human Resources ex rel. Daniel v. Daniel, 634 So. 2d 1026 (Ala. Civ. App. 1994).
· cites it 3× “Thereafter, the State filed a timely post-judgment motion, alleging that the trial court’s order did not provide for an immediate income withholding order pursuant to Ala.Code 1975, § 30-3-61. The trial court denied this motion, and the State, on behalf of the mother, appeals…”
A.T. v. D.M., 265 So. 3d 294 (Ala. Civ. App. 2018).
· cites it 2× “Reference is hereby made in this Order to a separate Order entitled Order of Continuing Income Withholding for Support the entry of which is required of this Court by the provisions of § 30-3-61, [Ala. Code 1975,] and which is specifically incorporated herein as a part of this…”
— Ala. Code § 30-3-61(a) — 3 cases
W.L.S. v. K.S.S.V., 810 So. 2d 777 (Ala. Civ. App. 2001).
“Neither § 30-3-60 nor § 30-3-61 define the term ''nonsupport.” However, the Legislature plainly intended that "wonsupport” would mean the absence of "support,” i.”
Derie v. Derie, 689 So. 2d 142 (Ala. Civ. App. 1996).
“Ala.Code 1975, § 30-3-61(a), provides that when the trial court issues an order for the payment of *146 child support, the court must include, as a separate section, a withholding order directing the obligor's employer to withhold the amount of the support obligation from the…”
Wls v. Kssv, 810 So. 2d 777 (Ala. Civ. App. 2001).
“[2] Neither § 30-3-60 nor § 30-3-61 define the term "nonsupport." However, the Legislature plainly intended that " non support" would mean the absence of "support," i.”
— Ala. Code § 30-3-61(c) — 9 cases
Burgess v. Burgess, 99 So. 3d 1237 (Ala. Civ. App. 2012).
“Thus, the trial court acted within its jurisdiction by issuing its August 1, 1997, income withholding order, which effectively amended its April 24, 1997, judgment so as to comply with the requirements of § 30-3-61 [, Ala.Code 1975]. Moreover, we note that the trial court had…”
Derie v. Derie, 689 So. 2d 142 (Ala. Civ. App. 1996).
“Ala.Code 1975, § 30-3-61(a), provides that when the trial court issues an order for the payment of *146 child support, the court must include, as a separate section, a withholding order directing the obligor's employer to withhold the amount of the support obligation from the…”
Blackston v. Blackston, 607 So. 2d 1262 (Ala. Civ. App. 1991).
“The father argues, however, that he is entitled to a hearing based upon § 30-3-61(c), which states in part: “Where any order of support is entered or modified at the request of the department, the withholding order issued therewith pursuant to this section shall be served…”
State Dep't of Human Resources ex rel. Nelson v. Nelson, 606 So. 2d 168 (Ala. Civ. App. 1992).
“Ala.Code 1975, § 30-3-61(c) provides that when the State requests a modified order of support, the withholding order shall be served immediately upon the obligor’s employer and takes effect immediately, unless one of the parties demonstrates, and the court finds, that there is…”
State ex rel. Henson v. Richardson, 621 So. 2d 989 (Ala. Civ. App. 1992).
“” Additionally, the motion alleged that the trial court’s order did not provide for immediate income withholding pursuant to § 30-3-61, Code 1975. The State’s motion was denied.”
— Ala. Code § 30-3-61(d) — 1 case
Blackston v. Blackston, 607 So. 2d 1262 (Ala. Civ. App. 1991).
“The father argues, however, that he is entitled to a hearing based upon § 30-3-61(c), which states in part: “Where any order of support is entered or modified at the request of the department, the withholding order issued therewith pursuant to this section shall be served…”
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