Ala. Admin. Code r. 660-3-16-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-3-16-.08 - Terminating An Income Withholding Order

(1) The following are circumstances when an income withholding order may be terminated:

(a) Current support is due, but all arrearages have been paid;

(b) Current support is no longer due and all arrearages have been paid;

(c) The collection agent is unable to deliver payments to the obligee for three consecutive months because the obligee has failed to update his/her address information.

(2) When current support remains due but the arrearage is paid, the obligor can file a petition to terminate the income withholding order. The court may issue an Order of Termination Upon Payment of Arrears, terminating the IWO. The court grants the obligor this opportunity once. However, if subsequent arrears accrue and an IWO is issued, it will remain in effect for the duration of the child support obligation.

(3) When all children subject to the order reach age 19, current support is no longer due and all arrears have been paid, the obligor can file an affidavit with the clerk of the court. The affidavit cannot be used in cases where the obligor alleges that a child is emancipated due to marriage or joining the military. The age of majority will depend on the age used in the court with the original order, if it is an interstate case.

(4) The obligor may file a court action seeking the termination of the income withholding, or this action may be taken by the Department.

(5) When the IWO was implemented administratively by issuing the Order/Notice to Withhold Income for Child Support, the IWO may be terminated by sending the same document to the employer.

Author: Janice Grubbs

Ala. Admin. Code r. 660-3-16-.08

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).