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Blank Cs 22 Alabama Form

The CS-22 Alabama form is a legal document used to establish a withholding order for child support payments. This order directs an employer to withhold a specific amount from an employee's wages to ensure that child support obligations are met. Understanding this form is crucial for both obligors and employers to comply with Alabama's child support enforcement laws.

Outline

The CS-22 form is an essential legal document used in Alabama to enforce child support payments through income withholding. This form is issued by the court and outlines the obligations of the obligor, or the individual responsible for paying child support. It specifies the amount to be deducted from the obligor's earnings for both current support and any arrears. Employers are legally required to comply with this order and withhold the specified amounts from the obligor’s paycheck, ensuring that payments are made to the Alabama Child Support Payment Center in a timely manner. The CS-22 also includes provisions for notifying the court of any changes in the obligor's employment status and outlines the penalties for non-compliance by the employer. Furthermore, it emphasizes the importance of maintaining the child's health insurance coverage if available through the obligor’s employment. Understanding the CS-22 form is crucial for both obligors and employers to ensure that child support obligations are met and enforced properly.

Sample - 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 service or by G certified

mail.

G Remain 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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Form Information

Fact Name	Description
Governing Laws	This form is governed by §30-3-61, §30-3-62, and §25-4-152 of the Alabama Code 1975.
Purpose	The CS-22 form is used to order the withholding of income for child support payments.
Obligor Information	The form requires the obligor's name, Social Security Number, and employer details.
Payment Schedule	It specifies the amounts to be withheld for current support and any arrears, along with the frequency of payments.
Employer Responsibilities	Employers must withhold the specified amounts and remit them to the Alabama Child Support Payment Center within seven days.
Legal Binding	The order is binding upon the obligor's employer after 14 days of service and remains effective until changed by the court.

Detailed Guide for Filling Out Cs 22 Alabama

Completing the CS-22 Alabama form is essential for establishing a withholding order for child support payments. Ensure you have all necessary information on hand to accurately fill out the form. Follow these steps carefully to complete the process correctly.

Begin by entering the Case Number at the top of the form.
Specify the Circuit or District and Name of County where the court is located.
Fill in the names of the Plaintiff and Defendant in the appropriate fields.
Provide the name of the Obligor (Employee) and their Employer.
Enter the Obligor’s Social Security Number and the Employer’s Address, including city, state, and zip code.
In the section for payments, write the name of the Obligor and the amount they are ordered to pay for current child support and arrearages.
Indicate whether the arrears are 12 weeks or greater by checking yes or no.
Specify the amounts to be withheld for current support and arrearages in the designated fields.
Calculate and enter the TOTAL amount to be withheld, ensuring it does not exceed the specified percentage of the obligor’s disposable earnings.
Provide instructions for the employer regarding payment to the Alabama Child Support Payment Center, including the address.
Fill in the necessary details regarding the binding nature of the order and any changes in employment.
Indicate how the costs of entering the order for income withholding will be handled.
Complete the section regarding the notification of any changes in employment or termination of income.
Review the entire form for accuracy before signing and dating it at the bottom.
Submit the form as directed, ensuring copies are distributed to the necessary parties.

Obtain Answers on Cs 22 Alabama

What is the purpose of the CS-22 Alabama form?

The CS-22 form is a Withholding Order for the payment of child support. It is used by the court to instruct an employer to withhold a specified amount from an employee's wages for child support obligations. This ensures that the child support payments are made directly and consistently to the appropriate party, typically the custodial parent or the Alabama Child Support Payment Center.
Who is affected by the CS-22 form?

The CS-22 form impacts several parties:
- Obligor: The individual responsible for making child support payments.
- Employer: The obligor's employer is required to withhold the specified amounts from the obligor’s wages.
- Obligee: The individual receiving child support, often the custodial parent.
- Court: The court issues the order and oversees compliance.
How is the amount to be withheld determined?

The amount withheld is based on the court's order and should not exceed a certain percentage of the obligor’s disposable earnings. The form specifies the amount for current child support and any arrears. If the total withholding exceeds the allowed percentage, the order prioritizes federal tax liens, existing child support orders, and any garnishments based on their service dates.
What happens if the obligor changes jobs?

If the obligor changes employment, both the obligor and the new employer must notify the court clerk. This ensures that the withholding order remains in effect and that child support payments continue uninterrupted. The employer is also prohibited from terminating the obligor's employment based solely on this withholding order.

Common mistakes

Filling out the CS-22 Alabama form can be a straightforward process, but mistakes can lead to delays and complications. One common error occurs when individuals fail to provide accurate information about the obligor’s employer. This section is crucial because it ensures that the correct employer is identified for income withholding. If the employer’s name or address is incorrect, it may result in the withholding order not being served properly, causing further issues in the child support payment process.

Another frequent mistake is neglecting to specify the correct amounts for child support and arrears. It’s essential to fill in the dollar amounts clearly and accurately. An oversight here can lead to underpayment or overpayment, which can complicate the financial situation for both the obligor and the obligee. Double-checking these figures can save time and prevent potential disputes later on.

Some individuals also forget to indicate whether the arrears are twelve weeks or greater. This checkbox is not merely a formality; it can affect the enforcement of the withholding order. If this detail is overlooked, it may hinder the court's ability to take appropriate action regarding arrears, which could ultimately impact the child’s well-being.

Additionally, many people do not take the time to read the instructions thoroughly before filling out the form. Each section of the CS-22 has specific requirements that must be met. Ignoring these instructions can lead to incomplete submissions, which might be returned for corrections. This not only delays the process but can also create unnecessary frustration for everyone involved.

Finally, failing to sign and date the form is a critical mistake that can invalidate the entire submission. A signature signifies that the information provided is accurate and that the individual understands the obligations outlined in the order. Without a signature, the court may not accept the form, resulting in further delays in processing child support payments.

Documents used along the form

When dealing with child support matters in Alabama, the CS-22 form is a crucial document that outlines the withholding order for payment. However, it is often accompanied by several other forms and documents that help facilitate the process. Below is a list of commonly used documents that may be relevant to your situation.

CS-41: Child Support Order - This document establishes the initial child support obligation. It details the amount to be paid, the frequency of payments, and any additional conditions related to support.
CS-42: Modification of Child Support Order - If circumstances change, such as a job loss or a change in income, this form allows for a request to modify the existing child support order to reflect the new situation.
CS-43: Child Support Arrearage Order - This form is used when there are unpaid child support obligations. It outlines the total amount owed and the payment plan for clearing the arrears.
CS-44: Health Insurance Coverage Order - This document may be issued to require the obligor to provide health insurance coverage for the child(ren). It specifies the type of coverage and any associated costs.
CS-45: Income Withholding Order for Support - Similar to the CS-22, this order directs an employer to withhold a specific amount from the obligor’s paycheck for child support. It is particularly useful when automatic withholding is necessary.
CS-46: Notice of Change in Employment - This form must be submitted if the obligor changes jobs. It ensures that the court and the child support enforcement agency are aware of the new employment details for proper withholding.
CS-47: Affidavit of Service - This document serves as proof that the child support order or any related documents have been properly served to the obligor or other relevant parties.
CS-48: Request for Review of Child Support - This form allows a party to request a review of the child support order, typically due to changes in financial circumstances or other significant life events.
CS-49: Notice of Intent to Enforce - This notice informs the obligor that enforcement actions may be taken if child support payments are not made as ordered. It serves as a warning before further legal action is pursued.

Understanding these forms can empower you to navigate the child support process more effectively. Each document plays a vital role in ensuring that obligations are met and that the best interests of the child are upheld. If you have any questions or need assistance, consider seeking guidance to ensure you are on the right path.

Similar forms

The CS-22 Alabama form is a specific document used for child support withholding orders. However, there are several other documents that serve similar purposes in different contexts or states. Here’s a look at four such documents:

Income Withholding Order (IWO): This federal form is used across the United States to collect child support directly from an employee’s paycheck. Like the CS-22, it ensures that payments are deducted automatically, providing a reliable method for fulfilling child support obligations.
Child Support Order: This document outlines the specific amount of child support that one parent must pay to the other. While the CS-22 focuses on the withholding aspect, a Child Support Order establishes the legal obligation itself, detailing the payment amount and schedule.
Garnishment Order: A garnishment order allows creditors to collect debts by taking money directly from a debtor's wages. Similar to the CS-22, it mandates that an employer withhold a portion of the employee’s earnings to satisfy a financial obligation, ensuring that payments are made consistently.
Support Enforcement Order: This document is issued by a court to enforce child support obligations. It may include various measures, including income withholding, much like the CS-22. The goal is to ensure compliance with court-ordered support payments.

Each of these documents plays a vital role in ensuring that child support payments are made in a timely and effective manner, helping to support the well-being of children involved.

Dos and Don'ts

When filling out the CS-22 Alabama form, attention to detail is crucial. Here are six important do's and don'ts to consider:

Do ensure that all information is accurate and complete.
Do include the correct case number and names of the parties involved.
Do specify the amounts to be withheld clearly, including any arrears.
Do submit the form in a timely manner to avoid delays in processing.
Don't forget to sign the form where required.
Don't leave any sections blank; incomplete forms may be rejected.

By following these guidelines, you can help ensure that the process goes smoothly and that all parties are informed and compliant with the court's orders.

Misconceptions

Misconception 1: The CS-22 form is optional for employers.

This is incorrect. The CS-22 form is a mandatory order for employers to withhold child support payments from an obligor’s wages. Employers must comply with the order as it is legally binding.
Misconception 2: The percentage of income withheld is arbitrary.

In reality, the form specifies that the total amount withheld cannot exceed a certain percentage of the obligor's disposable earnings. This percentage is determined by law to protect the obligor's financial stability while ensuring child support obligations are met.
Misconception 3: Employers can choose how much to withhold.

This is a misunderstanding. Employers must withhold the exact amounts specified in the CS-22 form. Any deviation from this could lead to legal consequences for the employer.
Misconception 4: The CS-22 form can be ignored if both parties agree to it.

This is false. The CS-22 form is not subject to waiver by mutual agreement. It remains in effect until a court issues a new order, ensuring that child support payments are consistently enforced.

Key takeaways

When filling out and using the CS-22 Alabama form, consider the following key takeaways:

Identify the Parties: Clearly indicate the names of the plaintiff, defendant, and obligor, along with their respective details, including the obligor's employer and Social Security number.
Specify Payment Amounts: Accurately fill in the amounts for current child support and any arrearages. Ensure these figures align with the court's order.
Withholding Instructions: The employer must withhold the specified amounts from the obligor's income and remit them to the Alabama Child Support Payment Center within seven days of payment.
Employment Changes: The obligor or their employer must notify the court of any changes in employment or termination of income. This ensures compliance with the order.
Legal Obligations: Employers cannot use this order as a reason to terminate the obligor's employment. Failure to comply with the withholding order can result in legal consequences for the employer.