If you have an employee who is obligated to pay support pursuant
to an Income Withholding Order you will receive the order, forms, and
instructions. Any employer or other payor of funds shall withhold
the amount specified
in the Income Withholding Order, together with the handling fee as provided
in A.R.S. §25-510, from the income of the person obligated to pay
support or spousal maintenance. Income means any form of payment
owed to an individual, regardless of the source, including wages, salaries,
workers' compensation, disability payments, payments pursuant to
a retirement program and interest.
An Income Withholding Order for child support has priority over all other executions,
attachments or garnishments. An obligation for current child support
shall be fully met before any payments pursuant to an Income Withholding Order
be applied to any other support obligation. Under state law (section
33-1131, Arizona Revised Statutes) no more than one-half of an obligor's
income for any pay period may be taken to satisfy an order issued
for support or spousal maintenance. Disposable income means the remaining
wages, salary or compensation for personal services, including
bonuses and commissions, or otherwise, and includes payments pursuant to
a pension or
retirement program or a deferred compensation plan, after deducting
from such earnings the amounts required by law to be withheld.
If the employee is ordered to pay child support for more than one family
and the disposable income amount available for withholding is not
sufficient to meet the total combined current child support obligations
or payor of funds shall allocate any monies withheld from the obligor's
income to each as follows:
• The amount of current child support ordered
in each case shall be added together to obtain the total current
child support obligation.
• The amount of current child support ordered
in each case shall be divided by the total current child support obligation
the percentage of the total current child support obligation
to be allocated to each case.
• The amount withheld from the obligor
shall be multiplied by the percentage for each case to obtain the
amount to be allocated
to each case.
To access the interactive Child Support Allocation
here). Tab through this form and enter the 1) monthly
current support amounts
from the multiple court orders and 2) the employee's monthly
income. With that information the amounts for each court
order are calculated for you.
Also, a hard copy of the Child Support Allocation Worksheet
is included in the Wage Assignment Packet.
If a court or administrative order requires a parent to provide
health insurance coverage that is available through an employer doing
business in this state, the employer shall:
• Allow that parent to enroll the child in the family coverage
if the child is otherwise eligible for that coverage without regard
to any enrollment season restrictions.
• If the parent is enrolled in family coverage but fails to enroll
the child, enroll the child under the family coverage on the application
of the child's other parent, the child's legal guardian or the
state IV-D agency.
• Not allow the employee to refuse to enroll or to terminate
the coverage of the child unless the employee provides the employer
with written proof that the court or administrative order is no
longer in effect or that
the child is enrolled in comparable health insurance coverage and
that coverage will take effect not later than the effective date
of the termination of
• Withhold the employee's share, if any, of health
insurance premiums from the employee's compensation and pay those premiums
to the insurer. The amount withheld from the employee's compensation
shall not exceed the
maximum amount permitted pursuant to section A.R.S.§33-1131.
If an order
for medical insurance coverage is in effect and the employment or insurance
coverage is terminated or the carrier
is changed, within ten days after the change the employer shall
notify the other parent
and the state IV-D agency (if appropriate) of the change and
of the last day on which health insurance coverage is effective
and of any conversion
privileges that may be available. If the employer offers more
than one plan, the child shall be enrolled in the plan in which
the child's parent is enrolled
or, if the parent is not enrolled in a plan, in the least costly
plan that is otherwise available to the parent.
If the obligee of a child support order marries the obligor of the child
support order, that order automatically terminates on the last
day of the month in which the marriage takes place and arrearages
do not accrue after
that date. However, the obligee or the state may collect child
support arrearages that accrued before that date. The obligee,
the obligor or the department
or its agent in a title IV-D case may file a request or stipulation
to terminate or adjust any existing Income Withholding Order, pursuant
to A.R.S.§25-504 or