§ 19-11-20.Wage assignments

Yes. A parent responsible for child support may assign a portion of his or her wages to the Department of Human Services to meet support obligations under this article. The employer must recognize and comply with an assignment executed for child support, and the assignment is enforceable. The section doesn’t fix how much may be assigned; it speaks only of “a portion” of wages.

Not for that reason alone. An employer may not terminate a parent who executes a wage assignment for child support solely because of the assignment. The section doesn’t bar firing for other reasons. A related rule in § 19-6-33 bars a payor from discharging an obligor because earnings are subject to an income withholding order and sets civil penalties for violations.

Up to $25.00 for the first deduction and up to $3.00 for each deduction after that. The payor collects these amounts against the obligor’s income to reimburse its administrative costs. They are ceilings, not required charges: the statute says the payor “may” collect them, so an employer can charge less or nothing.

Yes, if the employer accepts it. In addition to other remedies, courts may require wage assignments as a condition of probation or at other appropriate times to ensure the regular availability of support to a dependent child. The employer’s acceptance is a stated condition, so a court-required assignment under this subsection depends on the employer agreeing to take it on.

No. A wage assignment under this section is something a parent executes, or a court may require with the employer’s acceptance. An income withholding order is entered by a court under § 19-6-32 when support is ordered, and the child support enforcement agency may issue an income withholding notice without further court action as long as a hearing opportunity is afforded. Both take money straight from pay, and both carry the same $25.00 and $3.00 fee caps for the payor.