An Income Deduction Order is different from other forms of child support payments as it is an order from the judge. The Order allows the child support amount to be withheld from the non-custodial parent’s paycheck. When a case involves child support, the Court will automatically have an income deduction order in place. However, the parties can avoid having an income deduction order in place under certain circumstances. The parties either need to have an agreement in place for an alternative payment method or if the Court finds there is a good cause they may choose not to order an income deduction. If the case is a Modification of Child Support, the non-custodial parent needs to show a history of paying child support on time. If there is an alternative agreement for payment in place and then the non-custodial fails to pay it is grounds for an income deduction order to be put in place. However, the custodial parent would be responsible for pursuing the income deduction order. The custodial parent would need to serve the order to the non-custodial parent. The non-custodial parent can dispute the income deduction order and the Court could remove the order if it was found the parent paid the child support.
Many child support cases do not have an income deduction order in place. See our “Child Support Payment Methods” article to see various other forms of payment that you may be available for you to use. The type of method will depend on the circumstances surrounding your case. The Income Deduction Order allows for a contactless way to pay the other parent. This is an advantage for parents who do not have a good relationship or want to avoid seeing the other parent in person. Further, it allows a traceable way to show proof of payment when there is a child support dispute. The payment will also not bounce like a check due to it being taken directly out of the paycheck. Some parties prefer not to do an income deduction order because they do not want their employer to see their child support amount. Child Support is a complex issue. If you are ready to discuss your child support case with one of our experienced Family Law Attorneys, give us a call toll-free at 866-527-2630 to set up a consultation.