State ex rel. Henson v. Richardson

I respectfully dissent from that portion of the majority opinion holding that the issuance of an income withholding order is discretionary with the trial court in the present case. In addition to the portion quoted by the majority, Ala. Code 1975, § 30-3-61(c) states:

“Where any order of support is entered or modified at the request of the department, the withholding order issued therewith pursuant to this section shall be served immediately upon the obligor’s employer and shall take effect immediately; except such immediate withholding shall not be implemented in any case where one of the…