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Fill Out a Valid Cs 22 Alabama Form

The CS-22 Alabama form is a legal document used to establish a withholding order for child support payments in Alabama. It outlines the obligations of the obligor, or the person required to pay support, and their employer regarding the withholding of funds from the obligor's income. This form ensures that child support is paid consistently and in accordance with state law.

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The CS-22 Alabama form serves as a vital legal document in the enforcement of child support payments. Designed to facilitate the withholding of income from an obligor—typically a non-custodial parent—the form outlines specific obligations regarding the payment of both current support and any arrears. It establishes a clear structure for employers, detailing the amounts to be withheld from the obligor’s paycheck and the timeline for remitting those funds to the Alabama Child Support Payment Center. This order remains effective until the court issues further instructions, ensuring that child support obligations are met consistently. The form also includes provisions for notifying the court of any changes in employment status, underscoring the importance of communication between the obligor, their employer, and the judicial system. Furthermore, it emphasizes the legal consequences for employers who fail to comply with the order, thereby reinforcing the seriousness of these obligations. Overall, the CS-22 form plays a critical role in upholding the financial responsibilities of parents, ensuring that children receive the support they need.

Misconceptions

Understanding the CS-22 Alabama form is crucial for those involved in child support cases. However, several misconceptions often cloud the facts. Here are seven common misunderstandings about this important legal document:

It only applies to current support payments. Many believe the CS-22 form is solely for current child support. In reality, it also addresses arrears, ensuring that past due amounts are collected.
Employers can ignore the order. Some think that employers can choose not to comply with the CS-22. This is incorrect; employers are legally required to withhold the specified amounts from the obligor's paycheck.
It can be ignored if both parties agree. A common myth is that the order can be waived through mutual agreement. This is not true; the CS-22 remains binding regardless of any agreements between the parties.
Only the obligor is responsible for notifying changes. Many people assume that only the obligor must inform the court of employment changes. However, both the obligor and their employer have this responsibility.
There are no penalties for non-compliance. Some believe that employers face no consequences for failing to withhold payments. In fact, they can be held personally liable if they do not comply with the order.
All employers will understand the form. It’s a misconception that all employers are familiar with the CS-22 form. Not all employers may have experience with child support orders, so clear communication is vital.
The percentage withheld is always the same. Many think that the same percentage will be withheld regardless of the obligor's financial situation. This is misleading; the amount withheld cannot exceed a certain percentage of the obligor's disposable earnings, which can vary.

By clarifying these misconceptions, individuals can better navigate the child support process and ensure compliance with the CS-22 form.

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

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Similar forms

The CS-22 Alabama form is similar to the Income Withholding for Support (IWO) form used in various states. Both documents serve the purpose of directing an employer to withhold wages for child support payments. The IWO outlines the amount to be withheld and the frequency of deductions, similar to the CS-22. Additionally, it ensures compliance with federal laws regarding child support enforcement, just like the CS-22 does under Alabama law.

Another comparable document is the Child Support Enforcement (CSE) Notice. This notice is issued by the state’s child support agency to notify employers of their obligation to withhold child support payments. Similar to the CS-22, it specifies the amounts to be withheld and the timeline for remitting those payments. Both documents aim to facilitate timely support payments and keep the process straightforward for employers.

The Wage Garnishment Order is also similar to the CS-22 form. This order directs an employer to withhold a portion of an employee's wages to satisfy a debt, which can include child support. Like the CS-22, it includes details about the amount to be withheld and the frequency of payments. Both documents establish a legal obligation for employers to comply, ensuring that the employee's financial responsibilities are met.

The Family Court Support Order shares similarities with the CS-22 form as well. This order is issued by a family court to mandate child support payments and may include wage withholding provisions. Both documents outline the financial obligations of the obligor and provide a framework for enforcement. They serve as legal tools to ensure that support payments are made consistently and accurately.

In the context of legal agreements, understanding the various documents that protect parties involved is crucial. One such document is the Hold Harmless Agreement, which serves to shield one party from potential liabilities incurred by another during activities or services, much like the protective measures seen in child support-related forms.

Finally, the Notice of Child Support Assignment is akin to the CS-22 form. This notice informs employers of their duty to withhold child support from an employee's wages and provides the necessary details for compliance. Both documents emphasize the importance of timely payments and outline the consequences for failure to adhere to the withholding requirements. They are essential in enforcing child support obligations efficiently.

Common mistakes

Filling out the CS-22 Alabama form correctly is crucial for ensuring that child support payments are processed smoothly. However, many individuals make mistakes that can lead to delays or complications. One common error is failing to provide complete information about the obligor. The form requires specific details, such as the name, Social Security number, and employer's address. Incomplete information can result in the form being returned or rejected.

Another frequent mistake is neglecting to specify the correct amounts for current support and arrears. It is essential to ensure that the figures entered reflect the court's order accurately. If these amounts are incorrect, it may lead to misunderstandings and potential legal issues. Additionally, some individuals overlook the importance of indicating the frequency of payments. Whether it’s weekly, bi-weekly, or monthly, this detail must align with the obligor's pay schedule to avoid confusion.

People often fail to check the box regarding whether the arrears are 12 weeks or greater. This checkbox is not merely a formality; it can affect how the withholding is processed. Furthermore, neglecting to calculate the total amount to be withheld accurately can lead to financial strain on the obligor, as the total should not exceed a certain percentage of their disposable earnings.

Another common oversight involves the notification requirements regarding changes in employment. The form mandates that the obligor or their employer must inform the court of any changes. Failing to do so can result in complications in enforcement. Additionally, some individuals forget to indicate who will bear the costs associated with entering the order. This decision can have financial implications, and it’s crucial to clarify this on the form.

It's also important to remember that the employer is prohibited from using the withholding order as a reason to terminate the obligor's employment. This rule is often overlooked, leading to potential legal challenges. Moreover, individuals may mistakenly believe that mutual agreements can waive the order, which is not permissible under the law. Understanding this can prevent future disputes.

Lastly, many people neglect to provide any additional information or instructions in the designated section of the form. This space can be used to clarify specific circumstances or to provide further context that may assist in the processing of the order. Leaving it blank can result in missed opportunities for clarity.

In summary, attention to detail is paramount when completing the CS-22 Alabama form. By avoiding these common mistakes, individuals can help ensure that child support payments are handled efficiently and effectively.