Ala. Admin. Code r. 660-3-16-.04

Current through Register Vol. 42, No. 11, August 30, 2024

Section 660-3-16-.04 - Withholding Limits And Costs

(1) The maximum amount that can be deducted from an obligor's disposable income for child support obligation is:

(a) 50 percent if the obligor supports a second family and is behind 12 weeks or less in his/her child support obligation;

(b) 55 percent if the obligor supports a second family and is more than 12 weeks behind in his/her child support obligation;

(c) 60 percent if the obligor does not support a second family and is behind 12 weeks or less in his/her child support obligation; or

(d) 65 percent if the obligor does not support a second family and is more than 12 weeks behind in his/her child support obligation.

(2) If the obligor has more than one income withholding order against his/her income, current support must be satisfied for all orders before any money is applied to arrearages. If the employer is unable to satisfy all the income withholding orders against an obligor because to do so would violate the applicable withholding limit:

(a) The employer must notify the court that they are unable to comply; and

(b) All orders should be brought before the court for review and allocation to ensure that all children receive child support.

Author: Janice Grubbs

Ala. Admin. Code r. 660-3-16-.04

New Rule: Filed June 5, 2001; effective July 10, 2001.

Statutory Authority:Code of Ala. 1975, §§ 30-3-60 through 30-3-71, 30-3-197(a)(5) and (7), 30-3A-501 through 30-3A-506; 45 CFR 303.100; 42 U.S.C. 666(b) and (c).