Code of Alabama
Article 3 - Withholding Orders for Child Support.
Section 30-3-64 - Employer's Answer; Order Binding on Employer; Modification by Court.

Within 14 days of the service of an income withholding order upon an employer, the employer shall file an answer with the court which issued the order. The answer shall state whether or not the obligor is employed by the employer and whether the employer has in his or its possession income, as such term is defined in this article, due or due to become due to the obligor. The answer shall also indicate the amount of the obligor's disposable income, as such term is defined in the Federal Consumer Credit Act, and whether the obligor's disposable income is currently subject to any writ of garnishment, previous income withholding order or other legal process and the nature and extent of such previous judgment and process. If the employer answers that the obligor has income which is subject to the order for income withholding the order entered pursuant to any of the provisions of this article shall become binding upon any such employer, including successive employers, 14 days after service pursuant to the Alabama Rules of Civil Procedure, and shall remain effective until further order of the court. Provided, any order for income withholding may be modified or terminated by the court at any time upon a finding by the court of a material and substantial variance in the facts as originally established by the court or due to a change in circumstances which is substantial and continuing and which is otherwise sufficient grounds, under existing and future case law and statutory law, for such modification or termination.

Structure Code of Alabama

Code of Alabama

Title 30 - Marital and Domestic Relations.

Chapter 3 - Child Custody and Support.

Article 3 - Withholding Orders for Child Support.

Section 30-3-60 - Definitions.

Section 30-3-61 - Withholding Order Required in Child Support Orders; Employer to Withhold Support From Income Due and Pay to Designee; Income Withholding Order Issued by Another State; When Order Served on Employer; Delinquency of Support Payments.

Section 30-3-62 - Who May Petition for Withholding Order; Withholding on Existing Support Orders; Filing With Clerk; Service; Hearing; Issuance of Order; Contents; When Order Takes Effect; Entry of Support and Withholding Orders by Different Courts;...

Section 30-3-63 - Filing Fees and Costs.

Section 30-3-64 - Employer's Answer; Order Binding on Employer; Modification by Court.

Section 30-3-65 - Obligee to Give Notice of Change of Address; Termination of Order When Unable to Deliver Payments Due to No Notice of Address.

Section 30-3-66 - Obligor and Employer to Give Notice of Change of Employment or Termination of Income; Service of Order on New Employer; Cost of Service.

Section 30-3-67 - Withholding Orders to Have Priority Over Garnishments or Any Other Legal Process Against the Same Income; Maximum Withholding Allowable.

Section 30-3-68 - Employers Who Comply Not Liable for Wrongful Withholding.

Section 30-3-69 - Liability of Employers Who Fail to Answer or Fail or Refuse to Withhold.

Section 30-3-69.1 - Liability of Employer for Willful Failure to Garnish or Withhold Child Support From Wages.

Section 30-3-70 - Employers Not to Discharge or Refuse to Hire Person Due to Withholding Order.

Section 30-3-71 - Employer Authorized to Deduct Fee for Expenses.