Understanding Income Deduction: The Old System
On July 1, 2024, some changes went into effect regarding what
was previously known as "income deduction." See generally Senate Bill
520. Generally, the purpose of
"income deduction" was to deduct certain amount from the earnings of the person
who was ordered to pay child support (i.e., the obligor) and
transfer the child support to the person receiving the child support (i.e., the
obligee) through the Child Support Services of the Georgia Department of Human
Services.
Transition
to Income Withholding: Aligning with Federal Law
The new law is mostly about changing and clarifying the prior
statutory language regarding "income deduction" to conform more with the
federal law. More specifically, "income deduction" is now referred to as
"income withholding."
Key Elements of Income Withholding: What Hasn't Changed
The substance of the laws regarding income withholding remains
mostly the same as before. That is, unless certain exceptions apply, immediate
income withholding is the default in collection of child support. The term
income here is very broad and could mean anything from salary to money from
workers' compensation.
Just as it was prior to July 1, 2024, the
exceptions to income withholding are where either the court issuing the child
support order makes a finding that there is good cause not to require such
immediate withholding or both parties consent to a different arrangement for
collection of child support. The Child Support Addendum issued by the court
would typically contain provisions describing the arrangements for collection
of child support.
Further,
the forms to be used to effectuate income withholding, including the mandatory
notices regarding income withholding, remain substantively the same as
before.
Should you
have questions concerning the receipt of court-ordered child support, contact
us for a free 30-minute telephone consultation with an experienced family law attorney.
Written
by: Daesik Shin