Child support income withholding notices - are you getting it right?
For many lawyers, sending an income withholding notice after winning a child support order is routine stuff. "Secretaries or legal assistants often prepare the documents from forms that have been in use for many years," Jennifer A. Shaw and Barry T. Underwood write in the latest ISBA Family Law newsletter.
Big mistake. Things have changed in the last 18 months or so, and "[f]ailure to recognize the latest protocols could result in complaints to the ARDC or charges of malpractice as the penalties attributable to employers who fail to withhold are substantial," Shaw and Underwood continue. Ouch.
Fortunately, their excellent article recites key federal and state statutory provisions and cases and points lawyers in the right direction. Read it.
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Member Comments (1)
The article written is on point with how important it is to take this seriously. I have provided a proper IWO form that all can use through the ISBA form exchange. Feel free to contact me with any specific questions you have. I have spent numerous hours working with the Federal OCSE on this form.
There is a new IWO being prepared/finalized by the OCSE for submission to the Federal OMB. As always I will update all members through both the ISBA main and family law list serv of the new form.
I highly recommend you stay away from a clerk issued form except Boone or Winnebago counties.