Income withholding means that a person's child support order is deducted from his or her pay by the employer, as directed, and sent to the State Disbursement Unit. Income withholding is now mandatory in most cases, regardless of whether the child support is delinquent. If the State (county attorney) is a party to the case, the forms to withhold will be sent to the employer by the county attorney. If the State is not involved with the case, the person ordered to pay support is required to prepare the notice and send or deliver it to his or her employer. These notices are available at the Clerk of the District Court's office. (The forms for income witholding and direct deposit can be found under Instructions on Paying Court-Ordered Child Support.)
There are several exceptions to the general rule that income withholding will be ordered. If one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding, or a written agreement between all parties providing for an alternative method of payment is incorporated into the support order, income withholding may not be ordered.
Referee Office