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Income Withholding Orders
(Also known as Wage Assignments)


INCOME WITHHOLDING ORDER / DESCRIPTIONS

What is an Income Withholding Order?
An order directing an employer or other payor of funds to withhold a monthly amount from the income of the person obligated to pay child support, spousal maintenance, child support and spousal maintenance arrearage, and/or interest.

What is an Order Stopping an Income Withholding Order? Quash Order?
An order directing an employer or other payor of funds to stop withholding a monthly amount from the income of the person obligated to pay child support, spousal maintenance, child support and spousal maintenance arrearage, and/or interest.

What is an Ex Parte (Without Notice) Income Withholding Order?
An order directing an employer or other payor to withhold a monthly amount from the income of the person obligated to pay child support, spousal maintenance, child support and spousal maintenance arrearage, and/or interest. The order is issued prior to the obligor receiving notice. The first employer/other payor served with an Ex Parte Income Withholding Order is required to provide notice to the employee/obligor.

What is an Administrative Income Withholding Order?
An order, issued by the State IV-D Agency (Division of Child Support Enforcement), directing an employer or other payor to withhold a monthly amount from the income of the person obligated to pay child support, spousal maintenance, child support and spousal maintenance arrearage, and/or interest. These orders do not need to be signed.

What is a IV-D Case?
A child support case where at least one of the parties has requested enforcement or received services from the State’s IV-D Agency.

What is a private case (non IV-D)?
A support case in which a party to the case has not requested service from the State’s IV-D Agency.

For information about the modification or stopping of an Income Withholding Order, please click here.

INCOME WITHHOLDING ORDER UNIT / HOURS AND LOCATION

The Family Support Services hours are 8 a.m. to 5 p.m. Monday through Friday. The office phone number is (602)37-CLERK(25375). The office is located at:

Clerk of the Court
Central Court Building

201 W. Jefferson
Phoenix, AZ 85003
FAX # (602) 506-1937

INCOME WITHHOLDING ORDER / INITIATION

How do I get the Income Withholding Order mailed to the new employer?
Private case (non IV-D): You will need to provide in writing the case number, obligor’s name, employer’s name and payroll address, date and sign the written notice and fax to (602) 506-1937 or mail to Clerk of Superior Court, Family Support Services Finance, 201 W. Jefferson, 1st Floor, Phoenix, AZ 85003.
IV-D case: You will need to call DCSE at (602) 252-4045 or provide in writing the ATLAS number, obligor’s name, employer’s name and payroll address, date and sign the written notice and mail to DCSE, P.O. Box 40458, Phoenix, AZ 85067.

INCOME WITHHOLDING ORDER / CHANGE OF EMPLOYER

How do I change the employer information with the court?
You will need to provide in writing the case number, obligor’s name, employer’s name and payroll address. Date and sign the written notice and fax to (602) 506-1937 or mail to Clerk of Superior Court, Family Support Services Finance, 201 W. Jefferson, 1st Floor, Phoenix, AZ 85003.

INCOME WITHHOLDING ORDER / STOP OR MODIFY

How do I stop the Income Withholding Order?
You may file a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center. If your case is IV-D, you should contact DCSE, (602) 252-4045, and request that the Income Withholding Order be stopped.

My child is 18 and has graduated from high school, the child support payments were to stop, but they are still taking money out of my check. What can I do?
You may file a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center. If your case is IV-D, you should contact DCSE, (602) 252-4045, and request that the Income Withholding Order be stopped.

Does the Income Withholding Order stop automatically upon emancipation or full payment of arrears/judgment?
Income Withholding Orders, that are issued by the Court, now contain a presumptive termination date which the employer stops withholding on that date as long as there is no payment on arrears included on the order. If there is a payment on arrears or your Income Withholding Order does not include a presumptive terminate date, you must initiate an action to stop the Income Withholding Order by filing a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self Service Center. If your case is IVD, you should contact DCSE (602) 252-4045, and request that the Income Withholding Order be stopped.

How much does it cost to file a Request to Stop the Income Withholding Order?
A minimum of $84.00. If the party is the respondent in the action and this is their first appearance in the case they may also owe the appearance fee.

The Income Withholding Order is for current support and arrears payments. The arrears have been paid. How do I modify the Income Withholding Order for current support only?
You may file a Request to Adjust/Modify an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center. If your case is IV-D, you should contact DCSE, (602) 252-4045, and request that the Income Withholding Order be modified.

The Income Withholding Order is for current support and arrearage payments. The current support is no longer owing. How do I modify the Income Withholding Order for arrears payments only?
You may file a Request to Adjust/Modify an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center. If your case is IV-D, you should contact DCSE, (602) 252-4045, and request that the Income Withholding Order be modified.

How much does it cost to file a Request to Modify the Income Withholding Order?
A minimum of $84.00. If the party is the respondent in the action and this is their first appearance in the case they may also owe the appearance fee.

INCOME WITHHOLDING ORDER / EMPLOYER INFORMATION

What if I do not withhold the money or send the payment to the Clearinghouse?
Pursuant to the Arizona Revised Statute §25-504, an employer or payor who fails without good cause to comply with the terms of an Income Withholding Order is liable for amounts not paid to the Clerk or Support Payment Clearinghouse pursuant to the Income Withholding Order and reasonable attorney fees, costs and other expenses incurred in procuring compliance and may be subject to contempt.

The employee just came back to work after being gone for 2 weeks. Do I have to catch up on payments for the time that he did not work?
If the employee did not receive a wage during this separation, no withholding is appropriated although the employee/obligor remains responsible for the payments.

The employee had quit and a month later came back to work. Do I have to honor the Income Withholding Order I received when he was here previously?
You may wish to seek legal advice from an attorney. The Arizona Revised Statute §25-504 reads that if within 90 days of the last payment, the employer or other payor reemploys the obligor or becomes obligated to pay the obligor the employer or payor is again bound by the Income Withholding Order.

I just received the Income Withholding Order for a new employee. The employee said the $60.00 yearly support handling fee was mailed by his previous employer. Do I still have to mail the fee?
You may wish to seek legal advice from an attorney. The Arizona Revised Statute §25-504 reads that an employer or other payor who has received an Income Withholding Order shall withhold the amount specified in the Income Withholding Order, together with the handling fee. Arizona Revised Statute §25-510 requires a monthly fee of $5.00 for the cost of handling support and maintenance payments.

Should I withhold support from severance pay?
You may wish to seek legal counsel from an attorney for an interpretation of the court order. Our office cannot interpret the court order.

I received an Income Withholding Order signed by the Judge/Clerk. When do I start withholding payments?
No later than 14 days after receipt of an Income Withholding Order but may begin withholding sooner if a payment to the employee/obligor is due sooner.

I received an Ex Parte (Without Notice) Income Withholding Order. When do I start withholding payments?
If you are the first employer or other payor served with the Ex Parte Income Withholding Order you cannot withhold or deduct amounts until 14 calendar days following receipt. Any future employer or future payor shall begin withholding no later than 14 days after receipt but may begin withholding sooner than 14 days if a payment to the employee/obligor is due sooner.

I received an Administrative Income Withholding Order. When do I start withholding payments?
14 days after receipt of a copy of an Administrative Income Withholding Order.

Does an Administrative Income Withholding Order need to be signed?
No.

Can I combine the deductions I make for all my employees into one check?
You may combine payments that are mailed to the same address and identify the Atlas case numbers, obligors/ employees’ names and social security numbers, and identify the portion of the remittance that is attributable to each obligor/employee.

What information do I need to indicate on the payment?
The ATLAS case number, obligor/employee’s name and social security number, and identify the portion of the remittance that is attributable to each employee/obligor, and the date the funds were withheld.

Where do I send the payments?
If it is an Arizona Income Withholding Order send to:

Clearinghouse
P.O. Box 52107
Phoenix, AZ 85072-2107

If it is a non Arizona Income Withholding Order, you may wish to contact the state that issued the Income Withholding Order.

Does my copy of the Income Withholding Order need to be certified?
No

Does my copy of the Order Stopping/Terminating an Income Withholding Order need to be certified?
No

If an employee provides me with a copy of an Income Withholding Order, do I need to honor that Income Withholding Order?
Yes

How soon do I need to remit the payment after withholding the monies from the employee’s earnings?
Within 2 business days after the obligor/employee is paid or after the payment to the obligor/employee is due.

How often do I have to withhold and remit the $60.00 handling fee?
The Arizona statutes have been revised and Arizona Revised Statute §25-510 requires a monthly fee of $5.00.

Is the $5.00 monthly handling fee included in the support amount stated on the Income Withholding Order?
No

What should I do if I received the Income Withholding Order by first class mail?
Honor the Income Withholding Order. A.R.S. §25-504 states that an Income Withholding Order shall be served on any employer or other payor by first class mail, electronic transmission or personal delivery or pursuant to the Arizona Rules of Civil Procedure.

Is it my responsibility to notify my employee that I received an Income Withholding Order?
Only if you are the first employer of an Ex Parte Income Withholding Order or you receive an Administrative Income Withholding Order.

What if I have multiple Income Withholding Orders with the same case number?
Honor the most recent dated Income Withholding Order.

What if I have Income Withholding Orders with different case numbers but for the same employee?
Honor all Income Withholding Orders.

Can I fire or refuse to hire someone because they have an Income Withholding Order?
No. Pursuant to A.R.S. §25-504 an employer or other payor shall not refuse to hire a person and shall not discharge or otherwise discipline an obligor because of service of an Income Withholding Order authorized by this section.

Do I have to honor an Income Withholding Order from another state?
Yes. The Arizona Revised Statute §25-646 reads that an income withholding order issued in another state may be sent to the person or entity defined as the obligor’s employer and the obligor’s employer shall treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

What if the person named in the Income Withholding Order does not work for my company?
Please return the Notice and Acknowledgment of Receipt form and indicate that the person named in the Income Withholding Order does not work for your company as instructed on the notice. You may fax this information to (602) 506-1937.

What if the Social Security Number does not match my employee?
If you are able to determine that the Obligor named is your employee, honor the Income Withholding Order. If you are not able to make this determination, indicate this on the Notice and Acknowledgment of Receipt form and return to the Clerk’s Office.

What should I do if my employee tells me the amount on the Income Withholding Order is wrong or that I should not honor the Income Withholding Order for any other reason?
A party to the case must file a Request to Adjust/Modify an Income Withholding Order. If it is a IV-D case, a party should contact DCSE, (602) 252-4045, and request that the Income Withholding Order be modified. You must continue withholding the amount specified in the Income Withholding Order until further order of the court.

How much can I withhold from my employee’s pay?
No more than one-half of the disposable earnings for any pay period (A.R.S. §33-1131).

Can I charge a fee for complying with the Income Withholding Order?
You may withhold and retain an additional $1 per payment but not more than $4 per month for each obligor.

What do I do if an employee already has Income Withholding Orders and deducting the amount of this Income Withholding Order will make the total amount of deductions over 50%?
You may contact the Maricopa Clerk of the Superior County Family Support Services at (602)37-CLERK(25375) to obtain the Child Support Allocation Worksheet that provides instructions on how to allocate current child support when the amount available for withholding is not sufficient to meet the total combined current support obligations.

What do I do if the Income Withholding Order requires payments at intervals that do not coincide with my pay periods?
Arizona Revised Statute §25-504 requires an employer or other payor who has received an Income Withholding Order to transmit the withheld monies to the Support Payment Clearinghouse within 2 business days after the obligor/employee is paid or after the payment to the obigor/employee is due.

What should I do if the Clerk/Clearinghouse returns payments?
If payments are returned to the employer/payor because the payments are undeliverable to the obligee, the payments should be returned to the employee/obligor.

How do I know when to stop withholding payments?
When you receive an Order Stopping/Terminating an Income Withholding Order. Also, if the Income Withholding Order contains a persumptive termination date, you stop withholding on that date as long as there is no arrears payment included on the Income Withholding Order.

Is there anything I have to do when an employee with an Income Withholding Order no longer works for me?
In writing, notify the Clerk or Clearinghouse of the termination date of the obligor along with the ATLAS case number, obligor’s social security number and last known address and the name and address of the obligor’s new employer, if known.

   
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