City of Chicago et al. v. International College of

EMPLOYER’S ORDER TO WITHHOLD FROM EARNINGS FOR CHILD SUPPORT

NO.

EMPLOYER'S ORDER TO WITHHOLD FROM EARNINGS FOR CHILD SUPPORT

The Court ORDERS you, the employer of , Obligor, to withhold income from his disposable earnings from this employment as follows:

Obligor

Name:

Address:

Social Security number:

Obligee

Name:

Address:

Social Security number:

Children

Name:

Sex:

Birth date:

Social Security number:

Date child will become eighteen:

Birthplace:

Reference to the Income Withholding Law

Attached to this order is a copy of subchapter C, chapter 158, of the Texas Family Code, which sets forth rights, duties, and potential liabilities of employers in addition to the provisions of this order.

Withholding Earnings for Child Support

The Court ORDERS that any employer of shall begin withholding from his disposable earnings no later than the first pay period following the date this order is served on that employer.

Method of Payment

The Court ORDERS the employer to pay all amounts withheld on each payday through Guardian Ad Litem or his duly qualified successor at , , Texas for distribution according to law. All payments shall identify the obligor, the obligee, the date of withholding, and the cause number, which is .

Maximum amount to be withheld shall not exceed 50 percent of disposable earnings.

"Arrearage" Defined

As used in this order, the term "arrearage" means the sum of:

1. all past-due child-support payments; and

2. all unpaid interest accrued on child-support obligations; and

3. all unpaid child-support judgment amounts.

Order to Withhold

The Court ORDERS the employer to withhold the following amounts from the earnings of :

if Obligor is PAID TWICE MONTHLY:

on current support and

on the arrearage owed.

if Obligor is PAID TWICE MONTHLY:

on current support and

on the arrearage owed.

if Obligor is PAID EVERY OTHER WEEK:

on current support and

on the arrearage owed.

if Obligor is PAID EVERY WEEK:

on current support and

on the arrearage owed.

The Court ORDERS the employer to withhold the above amount until

Calculating Disposable Earnings

The employer shall calculate disposable earnings, which are subject to withholding for child support, as follows:

1. Determine the "earnings" of , which means compensation paid or payable for personal services, whether called wages, salary, compensation received as an independent contractor, overtime pay, severance pay, commission, bonus, or otherwise, including periodic payments pursuant to a pension, an annuity, workers' compensation, a disability and retirement program, and unemployment benefits;

2. Subtract the following sums to calculate "disposable earnings":

a. any amounts required by law to be withheld, that is, federal income tax and federal FICA or OASI tax (Social Security) and Railroad Retirement Act contributions;

b. union dues;

c. nondiscretionary retirement contributions by ; and

d. medical, hospitalization, and disability insurance coverage for and his child.

More Than One Order Withholding

If you receive more than one "Writ of Withholding" or "Employer's Order to Withhold Earnings for Child Support" for , you shall pay an equal amount towards the current support portion of all orders or writs until each is individually complied with, and thereafter pay equal amounts on the arrearage portion of all orders or writs until each is complied with, or until the maximum total amount of allowable withholding, 50 percent of disposable earnings, is reached, whichever occurs first.

Termination of Withholding

For as long as is employed by you, you, the employer of , shall continue to withhold income in accordance with this order until the youngest child reaches eighteen years of age or graduates from high school, whichever occurs last.

This order indicates when the child reaches eighteen years of age. Written notice from the child's school of the child's high-school graduation will constitute notice of graduation to you.

Notice of Change of Employment

The Court ORDERS the employer to notify the Court and within seven days of the date that terminates employment.

The Court ORDERS the employer to provide last known address and the name and address of his new employer, if known.