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

Alabama § 30-3-67

• Jurisdiction: Alabama
• Title 30: Marital and Domestic Relations
• Ch. 3: Child Custody and Support
• Art. 3: Withholding Orders for Child Support

Text

Any order to withhold income issued and served upon any employer of the obligor pursuant to this article shall have priority over any writ of garnishment or any other state legal process against the same income of the obligor whether the writ of garnishment or other process was served prior or subsequent to the order of income withholding. Any order for income withholding issued pursuant to this article may exceed the statutory maximum amounts prescribed in Section 6-10-7 for garnishment proceedings in Alabama, but such order, including amounts taxed against the obligor as court costs, may not exceed the maximum statutory amounts prescribed under federal law for garnishments issued to enforce support obligations. Provided, if an obligor’s income is subject to more than one withholding order or a current writ of garnishment for child support and a withholding order, the total amounts withheld may not exceed the statutory maximums herein prescribed and the current month’s support payments shall be satisfied before any arrearages are satisfied.

Legislative History

(Acts 1984, No. 84-445, p. 1035, §8; Acts 1985, 2nd Ex. Sess., No. 85-989, p. 338, §8.)