Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-3-16 - INCOME WITHHOLDING › Section 660-3-16-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used in this
			 Chapter, the following terms shall have the following meaning:
(a) "Income" - Wages, salary, tips,
			 commissions, bonuses, unemployment compensation, workers' compensation,
			 disability payments, payments pursuant to a pension or retirement program and
			 interest, and any and all money due or payable to a person, the entitlement to
			 which is based upon remuneration for employment, past or present, after the
			 deduction of those amounts required to be withheld by law. Income shall also
			 include any other continuous or periodic income from whatever source whether
			 earned or unearned except as expressly limited by law.
(b) "Employer" - Any person, business,
			 corporation, partnership, company, firm, or unit of municipal, county, state,
			 or federal government.
(c) "Court"
			 - Any juvenile or family court division of the circuit or district court in the
			 county where the mother of the child resides or is found, in the county where
			 the father resides or is found, or in the county where the child resides or is
			 found and, in the case of a petition seeking a divorce, or legal separation, a
			 petition seeking a modification of support previously ordered under a divorce
			 decree or a petition seeking a contempt citation for failure to pay support
			 previously ordered under a divorce decree, the circuit court or the domestic
			 relations division of the circuit court. In cases involving the enforcement of
			 another state's order of support within this state, court may mean the courts
			 of the county where the employer is located or is found, and may also mean the
			 court or agency of another state or jurisdiction outside the State of Alabama
			 whose functions include the issuance and enforcement of support
			 order.
(d) "Clerk of the Court" -
			 Any circuit court clerk, district court clerk, or juvenile court clerk, or
			 their employees, with responsibility for docketing or otherwise carrying out
			 the court's clerical duties in regard to domestic relations matters, support
			 and nonsupport cases, including the receipt and disbursement of support
			 payments.
(e) "Obligor" - Any
			 person ordered by the court to make periodic payments for the benefit and
			 support of another person or minor child.
(f) "Obligee" - Any person for whom support
			 benefits are ordered by the court and shall specifically include the Department
			 of Human Resources when any person has assigned their rights to support
			 payments to the department under any provision of law or when the department is
			 otherwise representing the obligee. Obligee may also include an agency or
			 department of this or another state or jurisdiction to which a person has
			 assigned his or her rights to support.
(g) "Department" - The Department of Human
			 Resources of Alabama, including the County Departments of Human
			 Resources.
(h) "Support or Support
			 Order" - Any order, decree or judgment for support of a child (or in the case
			 of an order being enforced pursuant to the requirements of Title IV-D of the
			 Social Security Act, a spouse or former spouse) issued by a court of this state
			 or a court or agency of another state or jurisdiction, whether interlocutory or
			 final, including orders issued for any of the following purposes:
1. Current support of a minor
			 child.
2. Current medical support,
			 which included the cost of medical support or unreimbursed medical
			 expenses.
3. Arrearage that has
			 accrued due to unpaid child or medical support during the child's minority,
			 including enforcement post-majority of arrearages accrued during minority and
			 interest that has accrued or continues to accrue on that arrearage.
4. Spousal Support when such spousal support
			 is collected by the Department of Human Resources or the department's designee
			 pursuant to the requirements of Title IV-D of the Social Security
			 Act.
(i) "State Title
			 IV-D Agency" - The state agency designated to administer the statewide child
			 support program authorized under Title IV-D of the Social Security
			 Act.
(j) Income Withholding Order
			 or Notice - An order or notice in the standardized format prescribed under
			 Title IV-D of the Social Security Act, as amended, that requires an employer to
			 deduct a portion of an employee's income for the payment of support.