Income Withholding

Administrative Writ of Withholding vs Judicial Process

CSD has the authority to issue an “Order/Notice to Withhold Income for Child Support (Administrative) Writ of Withholding)” directly to employers without having to request issuance by the clerk of the court. The ability to issue Order/Notice allows the OAG to meet the federal requirement of sending withholding orders within two days of receiving notice of new employment.

A judicial writ of withholding will be issued by the clerk of the court upon the filing of a request of issuance. After the clerk has issued a judicial writ of withholding, a party may send to a subsequent employer a “Notice of an Order to Withhold Income for Child Support.”

To reduce the burden on employers, the federal government has developed a standardized income withholding document identified by two titles:

  • Order/Notice to Withhold Income for Child Support
  • Notice of an Order to Withhold Income for Child Support

If the form is being sent to the employer by an obligee or other person who does not have the legal authority under state law to order withholding, the “notice of an order” block is checked and the form is accompanied by a copy of the withholding order upon which the “notice” is predicated. Unless stated otherwise, the term “Order/Notice” is used to include both uses of the form.

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