§ 19-6-30.Collection of child support by continuing garnishment; child or spouse support subject to income deduction

Once missed payments leave an unpaid amount equal to or greater than the amount payable for one month. Every child support order entered or modified on or after July 1, 1985 must contain a provision saying the required payments may then be collected by continuing garnishment for support.

Every order of support of a child entered or modified on or after July 1, 1985 shall contain the provision set out in subsection (a). It allows continuing garnishment for support once the unpaid amount reaches one month’s worth of payments.

By income withholding. When the child support enforcement entity within the Department of Human Services or its contractors enforces an order of support for a child or spouse, the case shall use income withholding under §§ 19-6-32 through 19-6-33.1. Under § 19-6-33.1, payments in those cases run through the family support registry.

It depends on the amount. The trigger is an unpaid amount equal to or greater than the amount payable for one month. If one missed payment equals a full month’s support, the threshold is met; a partial shortfall below one month’s amount doesn’t meet it.

Only in part. Subsection (a)’s garnishment clause is for orders of support of a child. Subsection (b) reaches orders of support of a child or spouse, but only when the Department of Human Services’ enforcement entity or its contractors are enforcing them. Separately, § 19-6-32 calls for income withholding orders when a court establishes, enforces or modifies spousal support.