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NEWLY REQUIRED INCOME WITHHOLDING ORDER FORM TO BE USED IN ALL CHILD SUPPORT CASES By Jill O. Radwin, Esq., Child Support Collaborative Project, Administrative Office of the Courts In any child support case in which an income withholding order is applicable, the form of the order must conform to the mandate of Section 466 of the Social Security Act and state law. See O.C.G.A. §19-6-31 et al. The mandate applies regardless of whether it is a private case or a Division of Child Support Services (DCSS) action in this state. Specifically, sections 466(a)(1), (a)(8), and (b)(6)(A)(ii) of the Social Security Act require states to use the federally approved Income Withholding for Support with Child Support Order form initially issued on or after January 1, 1994. State statute, O.C.G.A. §19-6-32(b), incorporates by reference the federal requirement by setting forth the elements the child support income deduction order shall contain. During the past several years, the federal Office of Child Support Enforcement has periodically convened a group of employers, members of the judiciary, and state and federal child support representatives to discuss ways to improve the withholding process and the form itself. As a result, the Office of Management and Budget released a revised “federal income withholding for support (IWO)” form on May 31, 2011. Within the instructions, there is the requirement that this specific OMB-approved form must be the one used. If not, the revised Social Security Acts sets forth repercussions. The new requirements state that if the revised IWO, issued on or after May 31, 2011, is not directed to the state’s Family Support Registry (O.C.G.A. §19-6-33.1), then the employer should reject the IWO and return it to the sender immediately. However, there seems to be a grace period for the form itself. The federal transmittal (AT-11-05) from the Office of Child Support Enforcement does allow that if the employer receives a document to withhold income that is not issued on the OMB-approved IWO form as required by federal law, then the employer must reject the document and return to the sender effective May 31, 2012, a year after the issuance of the revised form. Further, if an IWO was issued and processed prior to May 31, 2011, and is a modification or presents a problem for the employer because it is not on the revised form, then the employer should contact the sender to request a revised OMB-approved IWO form. In the meantime, the employer should continue using the former form until a revised one is received. Again, the new requirements apply to all DCSS and private child support cases in which an incoming withholding order is applicable. The revised form and instructions are as follows (click the links below for access): IWO Form: OMB 0970-0154 Form Final Instructions: OMB 0970-0154 Form Instructions Final
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