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Income Deduction Order On Defendant Form. This is a Georgia form and can be use in DeKalb Local County.
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Tags: Income Deduction Order On Defendant, Georgia Local County, DeKalb
SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
,
Civil Action
Plaintiff,
vs.
Case Number
,
Defendant.
INCOME DEDUCTION ORDER ON DEFENDANT
The Court has entered an order requiring the Defendant to pay support to the
Plaintiff. OCGA § 19-6-32 provides for an order providing for immediate withholding
from the income and earnings of the person required to pay support.
The parties and children are identified as follows:
Defendant/Obligor:
Defendant’s SSN:
DOB:
Plaintiff/Obligee:
Plaintiff’s SSN:
DOB:
Children:
Name:
, DOB:
Name:
, DOB:
Name:
, DOB:
Name:
, DOB:
Name:
, DOB:
Name:
, DOB:
THEREFORE, THE COURT HEREBY ORDERS THE FOLLOWING:
Income Deduction Order on Defendant — rev. March 9, 2006
Page 1 of 5
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1. A MOUNT OF D EDUCTION
The Defendant’s employer, future employer, or any other person, private entity, or
unit of government, that provides or administers income or earnings due the Defendant
(whether as wages, salary, commission, bonus, workers’ compensation, payments
pursuant to a disability, pension or retirement program, interest, or any other periodic
form of payments, regardless of source) shall deduct from all monies due and payable to
the Defendant the following amounts:
(a)
Current Child Support:
$
per month
(b)
Current Spousal Support:
$
per month
(c)
Support Arrearage Payment:
$
per month
, 200 , there is an unpaid Support
As of
Arrearage under a prior order in the amount of $
. The
Support Arrearage Payment amount above shall be withheld each month
until the amount of unpaid support has been paid in full.
(d)
Family Support Registry (FSR) Fee:
$
** per month
** Note: Under OCGA § 19-6-33.1(j), the amount of the FSR fee will be
5% of each payment, up to $2.00 per payment. However, the FSR fee is
not required at this time; Child Support Enforcement will notify you if and
when the FSR fee is to be deducted.
(e)
Total Amount of Deduction:
$
per month.
per month when all the
This amount will decrease to $
Support Arrearage has been paid in full. However, if current support ends
before all past due support is paid in full, then the total amount (current
support plus fees) shall continue to be deducted until all past due support
has been paid in full.
Adjustment for Various Pay Cycles
The payor is not required to vary its pay cycle to be in compliance with this
order. If the pay cycle is not monthly, use the following amounts to
determine how much to withhold:
$
$
$
G
per weekly pay period
per bi-weekly pay period (every two weeks)
per semi-monthly pay period (twice a month)
If checked, the children listed above shall be enrolled in any health insurance
coverage available through the Defendant’s employment.
Income Deduction Order on Defendant — rev. March 9, 2006
Page 2 of 5
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2. T IME AND P LACE OF P AYMENT
The payor shall make the amounts deducted payable to the Family Support
Registry, and forward the payments within two (2) business days after each pay date to
the address below, or such other address as shall be provided by Child Support
Enforcement to the employer in writing:
For Payments Submitted by Employers:
Child Support Enforcement
Family Support Registry
P.O. Box 1800
Carrollton, GA 30112-1800
For Payments by the Defendant Directly:
Child Support Enforcement
Family Support Registry
P.O. Box 1600
Carrollton, GA 30112-1600
The payor shall note the names of the parties, the case number, and the Defendant’s
Social Security Number on the face of the payment.
3. C ONSUMER C REDIT P ROTECTION A CT
The maximum amount to be deducted shall not exceed the amounts allowed under
§ 303(b) of the Consumer Credit Protection Act, 15 USCA § 1673(b) as amended.
4. S TATEMENT OF D EFENDANT’S R IGHTS AND R ESPONSIBILITIES
Under OCGA § 19-6-32(e), the Court provides the following statement to the
Defendant, concerning the Defendant’s rights, remedies and duties in regard to this
income deduction order.
(a)
The total amount to be withheld each and every pay period is described in
Paragraphs 1 and 3 above.
(b)
The income deduction applies to current and subsequent payors and periods of
employment.
(c)
A copy of the income deduction order will be served on the Defendant’s payor or
payors, if known.
(d)
Enforcement of the income deduction order may only be contested on the ground
of mistake of fact regarding the amount of support owed pursuant to a support
order, the past due support, or the identity of the Defendant. The Defendant may
contest enforcement of the order as provided in OCGA § 19-6-33(c).
Income Deduction Order on Defendant — rev. March 9, 2006
Page 3 of 5
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
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(e)
The Defendant is required to notify the Plaintiff (and the IV-D agency, if the
Plaintiff receives IV-D services) within seven days of all changes in his/her
address, payors, and the addresses of payors.
5. D EFENDANT’S D UTY TO E NSURE P AYMENT
The Defendant is hereby ordered to perform all acts necessary for the proper
withholding of the sums stated in this order, including delivery of the order to his/her
employer, future employers and other income payors, and personally monitoring and
confirming on an ongoing basis that the required payments are timely and properly
deducted from his/her income and forwarded as ordered. Defendant remains responsible
for any and all child support that is not deducted from his/her income and paid as child
support or spousal support according to this order.
6. E FFECTIVE D ATE AND D URATION OF T HIS O RDER
This order shall take effect:
G
Immediately,
G
Upon accrual of a delinquency equal to one month’s support. This Court finds
that good cause was shown to delay the effective date of this order. The Plaintiff
or the IV-D agency may enforce this Income Deduction Order by serving a
“Notice of Delinquency” on the Defendant, as provided in OCGA § 19-6-32 (f),
and shall remain in effect so long as the child support obligation continues, or until
further order of the Court. This order supersedes any prior income deduction order
entered in this case.
7. S ERVICE OF D OCUMENTS
This order and all further papers required to be served pursuant to OCGA § 19-633, shall be served upon the payor by regular first class mail and upon the Defendant in
person, by certified mail or statutory overnight delivery, return receipt requested, or by
regular mail. A copy of this Order shall also be mailed to:
Child Support Enforcement
IDO Registry/FCSU
P.O. Box 857
Jonesboro, GA 30237
Income Deduction Order on Defendant — rev. March 9, 2006
Page 4 of 5
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
American LegalNet, Inc.
www.USCourtForms.com
This order was entered on
, 200
.
JUDGE
DeKalb County Superior Court
Stone M ountain Judicial Circuit
F:\Home Computer\FLIC\Income Deduction Order\pro se IDO def pay 3-06.wpd
Income Deduction Order on Defendant — rev. March 9, 2006
Page 5 of 5
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
American LegalNet, Inc.
www.USCourtForms.com