Both income deduction orders and income withholding orders are designed to require employers to directly withhold child support and/or alimony payments from a person’s paycheck. Georgia law requires that wage withholding be implemented in family law proceedings involving child or spousal support, unless the court determines that there is good cause not to require such withholding, based on a finding that it would not be in the best interest of the child, or the parties have agreed to an alternative arrangement in writing. If an income deduction order is resulting from a modification action, there also must be evidence that the payor has made payments on time in the past.
An income deduction order is a state form that you submit to the divorce court, along with your final orders. This is a state court form that orders an employer to withhold child support from a payor’s check. On the other hand, an income withholding order is a form issued by the federal Office of Child Support Enforcement. Pursuant to the federal Social Security Act, this form must be sent to all employers along with any state income deduction order. If you do not send this form to the employer along with an income deduction order, the employer must reject the income deduction order, which can result in unnecessary delays in processing.
The benefits of an income deduction order include ensuring that payments are made in a timely fashion and guaranteeing both parties a clear accounting of the payments that have been made. This method of paying child support or spousal support also can eliminate unnecessary contact between the parties, which may be preferable in many cases.
Shaw Law Firm has handled countless family law proceedings involving all types of child support issues, and those issues related to children in general. We have the knowledge and understanding of all aspects of family law that are necessary to effectively handle these types of cases on behalf of our clients.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.