Alabama Child Support Garnishment: Limits, Priority, and Stopping

In Alabama, child support garnishment is automatic: every child support judgment includes an income withholding order that directs the paying parent’s employer to deduct support from each paycheck and send it to the court clerk or the Department of Human Resources. The amount withheld runs from 50% to 65% of disposable earnings, depending on whether the paying parent supports other dependents and whether the account is behind. The order is mandatory. Parents cannot waive it, even by agreement.¹

How Much of a Paycheck Can Be Withheld

Alabama follows the federal ceilings set by the Consumer Credit Protection Act:

50% of disposable earnings if the paying parent is also supporting another spouse or child.
60% of disposable earnings if the paying parent has no other dependents.
An extra 5% on top of either tier when payments are more than 12 weeks overdue, raising the caps to 55% and 65%.

These are ceilings. A court can order withholding below the applicable percentage based on the parent’s finances, but it cannot go above.²

Disposable earnings are calculated after only legally required withholdings: federal and state taxes, Social Security, and Medicare. Voluntary deductions like retirement contributions, union dues, or elective insurance premiums do not shrink the garnishable base.

What Counts as Income

Alabama defines income broadly for child support. It covers wages, salary, tips, commissions, bonuses, unemployment compensation, workers’ compensation, disability payments, pension and retirement payments, and interest. It also reaches any other money owed to the paying parent, earned or unearned, once mandatory tax withholdings have been taken out.³

Military members and federal civilian employees are not exempt. Federal wages, salary, commissions, bonuses, severance, sick pay, and incentive pay can all be garnished, and uniformed personal service pay is reachable, though certain duty-related allowances are not.⁴ The same CCPA percentage caps apply.⁵

Self-employed parents and independent contractors have no employer to receive a withholding order, so the standard garnishment mechanism does not reach them directly. The obligation is not reduced. When a self-employed parent falls behind, Alabama can pursue tax refund interceptions, property liens, and license suspensions instead.

Bonuses and Lump-Sum Payments

Bonuses, severance, commissions, and other lump sums are income for child support purposes.³ Alabama does not use the standard income withholding order to capture lump sums, though. The state uses liens and garnishments as the mechanism. If the payment qualifies as “earnings” under the CCPA, the general garnishment cap of 25% applies. If it does not qualify as earnings, up to 100% can be attached.⁶

How the Order Reaches an Employer

Once an employer receives an income withholding order from a court or DHR, deductions begin with the next pay period. The withheld amount must be forwarded to the court clerk or DHR’s designee within seven business days of each payday. If the support is ordered monthly but the employee is paid more often, the employer can spread the monthly obligation across pay periods as long as the full amount is remitted on time.¹

When an employee leaves, both the paying parent and the employer are required to notify the collecting agency of the change or termination. The employer should pass along the last known address and any new employer information. A new employer that receives a forwarded order must acknowledge it within 14 days.⁷

An employer that ignores or mishandles a withholding order can be held liable for the full amount that should have been deducted. Federal law also bars firing an employee because their wages are being garnished for any single debt, and violating that anti-retaliation rule is a federal crime.⁸

Priority Against Other Garnishments

Child support withholding outranks nearly every other claim on a paycheck. Under Alabama law, a child support order takes priority over any writ of garnishment from a creditor.⁹ Federal tax levies are among the few obligations that may come ahead of child support in some situations. If an employer receives multiple child support orders for the same worker, the income withholding law of the state where the employee works controls how payments are allocated.¹

Out-of-State Orders

Alabama has adopted the Uniform Interstate Family Support Act, so employers here must honor child support withholding orders issued in other states. When an Alabama employer processes an out-of-state order, Alabama law governs the employer’s processing fee, the maximum withholding amount, the timeline for implementing the order and forwarding payments, and the rules for prioritizing among multiple orders. A paying parent who wants to challenge the out-of-state order can register it in an Alabama court and contest it there, using the same procedures as if Alabama had issued it. The parent must notify the support enforcement agency, the employer, and the person designated to receive payments.¹⁰

Contesting the Amount or Asking for a Modification

If you believe the garnishment amount is wrong, you can file a motion with the court that issued the child support order. Valid grounds include miscalculations, incorrect income figures, or proof that direct payments were already made. You carry the burden of proof, so bring pay stubs, bank statements, and payment receipts. Filing a motion does not automatically pause the deductions. Withholding continues unless the court issues a temporary stay. Emergency hearings exist but are granted sparingly.

If your finances have changed substantially since the original order was entered, the better path is a modification petition rather than a challenge to the withholding mechanics. Alabama’s guidelines create a rebuttable presumption that modification is warranted when the difference between the current order and the guideline amount exceeds 10%. Even below that threshold, a court can modify the order on proof of a material change in circumstances that is substantial and continuing.¹¹

Timing matters. A modification affects only payments that accrue after the petition is filed. Courts cannot retroactively reduce support that has already come due, so a parent who sees trouble ahead should act before arrears build.

When Does Garnishment Stop

Garnishment does not shut off on its own. The age of majority in Alabama is 19, and child support generally runs until then unless a court extends it for disability or another qualifying reason. To end the withholding, the paying parent must obtain a formal termination order from the court or DHR. Employers keep deducting until they receive official written notice to stop.¹

Unpaid arrears do not vanish at 19 either. Garnishment continues until the full balance is paid. A parent who disputes the balance can ask DHR for an accounting review or petition the court for an audit.

Consequences for Nonpayment

Alabama escalates enforcement against parents who do not pay. Tools include driver’s license and professional license suspensions, tax refund interceptions, negative credit reporting, and property liens. Persistent nonpayment can lead to contempt charges, with potential fines and jail time.

Federal criminal law adds a second layer when the paying parent lives in a different state than the child. Under 18 U.S.C. § 228, willfully failing to pay support for a child in another state is a federal misdemeanor when the obligation is more than a year overdue or exceeds $5,000, punishable by fines and up to six months in prison. It becomes a felony carrying up to two years in prison if the amount exceeds $10,000 or is more than two years overdue.¹² These federal charges apply only in interstate situations and are separate from state enforcement.¹³

Bankruptcy is not an exit. Federal bankruptcy law classifies domestic support obligations as non-dischargeable, so child support survives every type of bankruptcy proceeding. Current support and accumulated arrears both remain owed in full after a discharge.¹⁴

1
Alabama Legislature. Alabama Code 30-3-61 – Withholding Order Required in Child Support Orders
2
Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
3
Alabama Legislature. Alabama Code 30-3-60 – Definitions
4
Administration for Children and Families. Garnishment of Federal Payments for Child Support Obligations
5
Defense Finance and Accounting Service. Frequently Asked Questions About Child Support and Alimony
6
Office of Child Support Enforcement. State Lump Sum Reporting Requirements
7
Alabama Legislature. Alabama Code 30-3-66 – Obligor and Employer to Give Notice of Change of Employment
8
Office of the Law Revision Counsel. 15 USC 1674 – Restriction on Discharge From Employment by Reason of Garnishment
9
Alabama Legislature. Alabama Code 30-3-67 – Withholding Orders, Priority
10
Alabama Administrative Code. Alabama Administrative Code Chapter 660-3-10 – Alabama Uniform Interstate Family Support Act
11
Alabama Judicial System. ARJA Rule 32 – Child Support Guidelines
12
Office of the Law Revision Counsel. 18 USC 228 – Failure to Pay Legal Child Support Obligations
13
United States Department of Justice. Citizens Guide to US Federal Law on Child Support Enforcement
14
Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge