administrative order of assignment

25-505.01 . Administrative income withholding order; notice; definition

A. In a title IV-D case, if a person is obligated to pay support, the department or its agent, without prior notice to the obligor, shall issue an income withholding order using the format prescribed by the United States secretary of health and human services. The order shall include the obligor's social security number. The withholding order shall include payment for current child support or spousal maintenance and may include an installment payment for arrearages pursuant to subsection B of this section or any other support. A withholding order under this section does not apply to amounts exempt under section 33-1131, subsection C or any other applicable exemption law. The withholding order shall direct the holder of the monies to withhold and pay to the person or agency entitled to receive the support the amount ordered by the department. The withholding order shall be accompanied by a written notice of withholding as prescribed in this section.

B. In addition to current support an income withholding order may include an installment for arrearages or any other support if:

1. At the time of issuance, the arrearage is an amount equal to at least two months but not more than six months of the obligor's current support obligation, the income withholding order shall include an additional amount equal to twenty-five per cent of the current support obligation.

2. At the time of issuance, the arrearage is an amount equal to more than six months of the obligor's current support obligation, the income withholding order shall include an additional amount equal to thirty-three per cent of the current support obligation.

3. At the time of issuance, the arrearage is an amount equal to one year or more of the obligors's support obligation, an income withholding order may include an additional amount that exceeds thirty-three per cent of the support obligation.

C. If the obligor does not owe current support but arrearages remain unpaid, the department or its agent may issue or adjust an income withholding order only for arrearages. The income withholding order shall be in the amount of the most recent current support order or the most recent order regarding the payment on arrearages, whichever is greater.

D. The department shall serve the order and notice on an employer or payor by first class mail or by electronic means. Service by mail as authorized in this section is complete as to the employer or payor when the mailing is received. Service by electronic means is complete on transmission to the employer or payor. The income withholding order shall direct the employer or payor to deliver or mail by first class mail a copy of the income withholding notice and order to the obligor within ten days after service on the employer or payor.

E. The income withholding order is an assignment and is binding fourteen days after receipt on an existing and future employer or payor of the person ordered to pay support or spousal maintenance on whom a copy of the income withholding order and notice of withholding is served. The employer or payor shall withhold the amount specified in the order from the income of the person obligated to pay support and shall transmit that amount to the support payment clearinghouse within two business days after the date the employee is paid. The employer or payor shall advise the support payment clearinghouse of the date the monies were withheld, may combine withheld amounts for several employees in a single payment and shall separately identify the portion of the payment that is attributable to each employee. The employer or other payor may also withhold and retain for application to the employer's or payor's cost of compliance an additional one dollar per pay period or four dollars per month.

F. If the obligor's disposable income from the primary employer or payor does not meet the support obligation, the department shall issue an income withholding order to a secondary employer of the obligor in order to meet the full support obligation.

G. Any obligor, employer or other payor may challenge the income withholding order issued by the department or its agent by filing a written request for administrative review with the department or its agent within ten days after receipt of the notice of income withholding order from the employer or payor. The administrative review shall be conducted pursuant to section 25-522. On receipt of a request for administrative review the department or its agent shall delay implementation of the income withholding order.

H. A change in income withholding pursuant to subsection B of this section is not a sufficient basis for a modification of the current support order.

I. Notwithstanding section 25-504, in a title IV-D case, if all obligations of support have been satisfied and the person obligated to pay support is no longer obligated and if the parties, including the department or its agent in a title IV-D case, submit a stipulation that the current obligation of support no longer exists and that all arrearages either have been satisfied or waived, the department or its agent shall issue an order terminating the income withholding order. The order shall state that the current obligation of support no longer exists and that all arrearages either have been satisfied or waived. The stipulation shall also contain the name and address of the employer or payor of the person obligated to pay support. Within five business days after the date the stipulation is submitted, the department or its agent shall send by first class mail a copy of the order terminating the income withholding order to the employer or payor, the parties and the clerk of the court.

J. Notwithstanding section 25-504, in a title IV-D case, the department or its agent on its own initiative, or the parties to a child support proceeding on request to the department, may terminate an income withholding order issued pursuant to this section or section 25-504, if the obligation to pay support has ended or will end within ninety days after the date the request is submitted and if all arrearages either have been paid or will be paid within the period or have been waived. The request shall include a statement of why the termination is requested, supporting documentation and the name and address of the employer and person obligated to pay support. The requesting party shall notify each party by first class mail of the request to terminate the order. The employer or payor shall continue to withhold and transmit support or spousal maintenance until otherwise ordered. On receipt of a request to terminate an income withholding order the department or its agent may suspend disbursements until a determination is issued. A party that receives notice of a request to terminate an income withholding order may object to the request and provide the department or its agent with the basis for the objection and supporting documents within ten days after receipt of the notice. Within forty-five days after the request the department or its agent shall issue a determination to all parties based on the information available. On a determination to terminate an income withholding order, the department or its agent within two business days shall send by first class mail a copy of the order terminating or adjusting the order to the employer or payor and to the support payment clearinghouse.

K. The employer or payor shall notify the support payment clearinghouse in writing when the person ordered to pay support or spousal maintenance is no longer employed by the employer or the right to receive income has been terminated. The employer shall notify the support payment clearinghouse in writing of the former employee's last known address and the name and address of the new employer, if known. If the employer or payor is again obligated to pay income to a person ordered to pay support within ninety days after termination of this right, the employer or payor is again bound by the income withholding order and is required to perform pursuant to this section.

L. The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to payments of arrearages. If a person is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined child support obligation, any monies withheld from the obligor's income shall be allocated to each family by the employer or payor as follows:

1. The amount of current child support ordered in each case shall be added to obtain the total child support obligation.

2. The ordered amount in each case shall be divided by the total child support obligation to obtain a percentage of the total amount due.

3. The amount available from the obligor's income shall be multiplied by the percentage under paragraph 2 of this subsection to obtain the amount to be allocated to each family.

M. An income withholding order shall include a statement that an employer shall not refuse to hire a person or shall not discharge or otherwise discipline an employee as a result of an income withholding order authorized by this section, and an employer who refuses to hire a person or who discharges or otherwise disciplines an employee as a result of the income withholding order is subject to contempt and fines as established by the court. Any person wrongfully refused employment or an employee wrongfully discharged or otherwise disciplined is entitled to recovery of damages suffered, reinstatement if appropriate, plus attorney fees and costs incurred. Any employer or other payor who fails without good cause to comply with the terms of the income withholding order may be liable for amounts not paid to the support payment clearinghouse pursuant to the income withholding order, reasonable attorney fees and costs incurred and may be subject to contempt. The department may initiate an action in superior court to enforce this subsection.

N. On issuance of an income withholding order the department or its agent shall issue a notice of withholding directed to the person ordered to pay support. The notice shall advise the obligor that:

1. An income withholding order has been issued against the obligor's income for payment of currently accruing child support or spousal maintenance, or both.

2. The income withholding order may include an amount for child support arrearages, or any other support.

3. The obligor may file a written request for administrative review with the department pursuant to section 25-522 within ten days after receipt of this notice if the obligor believes that:

(a) The income withholding order is improper or unlawful.

(b) The obligor's property is exempt by law.

4. An income withholding order made pursuant to this section becomes binding on the employer or payor or any future employers or future payors fourteen days after receipt of a copy of the order and notice of withholding.

5. The employer or payor shall withhold the amount specified in the order from the income of the person obligated to pay support.

6. Not more than one-half of the obligor's disposable income for any period may be taken to satisfy an income withholding order issued for the support of any person.

7. The amount of disposable income exempt from the income withholding order must be paid to the obligor on the regular payday for the pay period in which income is earned.

8. The employer or other payor shall continue to withhold the amount set forth in the order each pay period and shall forward the amount to the child support payment clearinghouse until either:

(a) The obligor files a request for administrative review with the department or its agent and after review the department or its agent modifies or terminates the income withholding order.

(b) The obligor files a petition with the court and, after a hearing, the court modifies or terminates the income withholding order.

9. An employer may not refuse to hire, may not discharge or may not otherwise discipline the obligor as a result of this income withholding order. If the obligor is wrongfully refused employment, discharged or otherwise disciplined, the obligor may recover damages suffered, reinstatement of employment if appropriate and reasonable attorney fees and costs incurred against the employer.

10. Unless ordered otherwise, the obligor has a duty to notify the support payment clearinghouse in writing of the address of the obligor's residence and employment and, within ten days, of a change in either one. The department or its agent shall use these addresses to notify the obligor of all subsequent actions to enforce support. Failure of the obligor to advise the department of changes in residential or employment address may subject the obligor to sanctions for contempt of court, including reasonable attorney fees and costs.

O. An income withholding order issued pursuant to this section has the same force and effect as an order of the superior court, has priority over all other attachments, executions, garnishments or assignments and may be enforced against the obligor and employer in superior court.

P. For purposes of this section, "arrearages" means past due support, including interest.

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2010 Tennessee Code Title 36 - Domestic Relations Chapter 5 - Alimony and Child Support Part 5 - Assignment of Income for Support 36-5-501 - Income withholding.

Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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Administrative Orders Affecting the Courts – What You Need to Know!

By Angelique Gulla, Barakat + Bossa

Since the start of the COVID-19 pandemic beginning in March of 2020, courts have had to rapidly adapt to the shutdowns that followed by turning to both short and long-term solutions to ensure that the public’s access to our justice system is not hindered. After their initial closings, courts have begun to re-open their doors and Zoom rooms as we learn to adapt and litigate within this new normal. More specifically, in Florida a number of administrative orders have been put in effect to help attorneys navigate these new waters. This article will discuss the Florida Supreme Court Order No. AOSC21-17, Florida Supreme Court Order AOSC20-23, Miami Dade Civil Circuit Order, Miami Dade County Order, Broward Civil Order, and West Palm Beach Orders before April 30, 2021 and after April 30, 2021. While there is no substitute for reading and reviewing these orders in their entirety, we have taken the time to carve out some important notes from the orders and what has changed.

Florida Supreme Court Order No. AOSC21-17 (i)

On June 4, 2021, the Florida Supreme Court issued a new COVID-19 related order, In Re: COVID-19 Health and Safety Protocols And Emergency Operational Measures for Florida Appellate and Trial Courts . The Order establishes protocols, which will become effective 12:01 a.m. on June 21, 2021, and requires all courts to implement the health and safety protocols by August 2, 2021.

As part of the administrative Order all rules of procedure regarding technology or communication are still suspended. Importantly, remote witnesses are still allowed to be sworn in and civil jury trials may be conducted remotely, if all participating parties consent to the remote trial.

It’s important to note that during voir dire, jurors may be excused for COVID-19 related issues, such as caring for an at-risk individual or uncomfortableness in the courtroom. Therefore, during voir dire it is recommended that attorneys attempt to explore potential COVID-19 concerns with the venire, particularly if the proceedings will take place in person.

All other civil trial proceedings shall be constructed remotely, except that a proceeding shall be conducted in person if the chief judge or presiding judge finds that remote conduct is inconsistent with the Constitution or infeasible.

Moreover, the June 4, 2021 Order incorporates the requirement for active case management, previously detailed in Florida Supreme Court Order No. 20-23 Amendment 12 ( ii ). Specifically, each circuit chief judge is required to issue an administrative order to allow for active case management in civil cases.

As a result of the Florida Supreme Court order, each county has subsequently issued administrative orders detailing the various case management plans.

In Re: COVID-19 Health and Safety Protocols and Emergency Operational Measures for Florida Appellate and Trial Courts, Fla . Admin Order. No. 21-17 (June 4, 2021).

In Re Comprehensive Covid-19 Emergency Measures for Florida Trial Courts, Admin Order No. AOSC20-23 Amend. 12, (April 13, 2021).

Miami Dade Administrative Order No. 21-09 – Circuit Court (iii)

For existing cases , the court shall ascertain the status by receipt of a Case Management Report. The Order carves out exceptions, including but not limited to the case already having a case management order, the case has already been set for trial, the case being placed on inactive status by court order, case being subject to a current moratoria, case being subject to a post-judgment proceeding, the case being subject to dismissal for pack of prosecution, or the case is uncontested.

Under the Miami Dade Administrative Order, the court intends to implement the requirements of Florida Rule of General Practice and Judicial Administration 2.545, and Florida Rules of Civil Procedure 1.1010 to honor the requirement to progress cases to resolution. Failure to file the report or follow the scheduling deadlines will result by sanctions in the presiding judge, or take any other appropriate action as provided by Florida Rule of Civil Procedure 1.200(c).

Pursuant to the Order, the Parties must file a Case Management Report, the form of which is attached as Exhibit B to the Order. The Report should be prepared collaboratively and must be filed with the court through both the E-filing portal and submitted via CourtMap. The following are the deadlines for submission of the Case Management Report, which is dependent upon the case filing date:

The Case Management Report shall serve as a comprehensive inventory of the current status of the case. It shall identify with specificity all of the completed tasks. The burden of initiating the report drafting process is on the Plaintiffs. As such, the court also indicated that reasonable disagreements should be reflected on the joint Case Management Report as opposed to filing separate reports.

For cases filed on or after April 30, 2021 , the Order provides that case management orders must be entered by the court within 30 days after the last Defendant being served, but no later than 120 days after the filing of the action.

The court will assign a Case Management Track, the assignments of which are provided in Exhibit A of the Order. Under this Order, no extensions shall be granted without specific proof of diligent efforts to effect service and a written explanation of what efforts Plaintiff needs to pursue to effect service successfully. After submission, parties may amend the Case Management Order within 30 days by motion and must set forth specific facts as to why the schedule set forth is not appropriate for the case and propose an alternative schedule.

The court has set out different Case Track Assignments depending on the subject matter of the case. Exhibit A of the Order contains a chart to aid in the sorting of cases into their respective categories. Moreover, the court has provided criteria and guidance as to the categories which includes the following:

Complex Civil Cases : Actions that have been or may be designated as complex by court Order under Florida Rule of Civil Procedure 1.201 and those that have required significant discovery and typically involve more than 20 witnesses excluding records custodians. Upon such designation, the action shall proceed as provided in the rule with an anticipated resolution or trial date no later than 24 months after designated as complex.

Streamlined Civil Cases : Actions in which parties all have some knowledge of the event in controversy at the time it occurs and the discovery required to establish contested facts involves less than 10 witnesses, and includes all uncontested cases.

General Civil Cases : All other actions which are cases in which one party has more knowledge of the subject of the controversy than the other, but which will generally require fewer than 20 depositions, excluding records custodians.

In Re Establishment of Procedures for Active Case Management in the Circuit Civil Division Pursuant to AOSC 20-23A12, Fla. Admin. Order No. 21-09 (April 30, 2021)

Miami Dade Administrative Order No. 21-080 – County Court (iv)

For new cases , the Order provides that case management orders must be entered within 30 days after the last Defendant being served, but no later than 120 days after the filing of the action. No extensions on service without specific proof of diligent effort to serve and written explanation.

Moreover, the County Order creates track assignments, which will be assigned upon the filing of a new case, with the criteria as follows:

Streamlined County Civil Cases : Cases in which there are few parties; non-complex issues related to liability and damages; few anticipated pretrial motions; limited need for discovery; few witnesses; minimal documentary evidence; and an anticipated trial length of less than two days.

General County Civil Cases : All other county civil cases.

For existing cases , the same exceptions to the Case Management Report in Circuit court apply. Importantly, the County Order does not impose the requirement of the submission of a Case Management Report. Instead, a Case Management Order shall be entered by the court by December 3, 2021, with the following deadlines:

Broward Administrative Order No. 21-19 – Civ (v)

The Civil Case Management Plan is to be used as a model for purpose of establishing time standards, improving the court’s ability to provide early and continuous management of civil cases as required by Florida Rule of General Practice and Judicial Administration 2.545, and to promote uniformity of practice throughout the Seventeenth Judicial Circuit.

For new cases, the clerk of court shall designate each case as complex, streamlined, or general based upon information listed on the Civil Cover Sheet and according to the case classifications. After the initial designation, judges may transfer cases from one category to another under their discretion. It is important to note that nothing prohibits a judge presiding over a general civil division from declaring an action complex and then directing that the action remain in his or her general civil division for disposition.

The designations are as follows:

Complex Case Track : Involves actions with extraordinary complexity as to require or benefit from early intervention and individual judicial management and are those cases that have been or may be designated by court order as complex under Florida Rule of Civil Procedure 1.201, or which may be directly filed to a complex litigation division or declared complex and assigned to a complex litigation division.

Streamlined Cases : Those cases normally requiring little judicial intervention, and which have relatively simple procedural and legal issues that can be resolved promptly by early referral to mediation, alternative dispute resolution or expedited hearing. Notwithstanding classification, the presiding judge shall consider whether the case involves few parties, non-complex issues, few pretrial motions, limited discovery, few witnesses, minimal discovery, less than 2 days trial.

General Cases : These cases represent the large majority of standard civil cases that normally will not require a high level of judicial case management to reach timely resolution unless unusual pre-trial delay arises.

The Order also establishes time standards and goals. However, upon a showing of extraordinary circumstances, certain unique cases may have cause for reasonable delay beyond these periods. The time periods are as follows:

The Uniform Case Management Order will be issued by the presiding judge. For cases filed on or after April 30, 2021the Case Management Order is due within 30 days. For cases filed before April 30, 2021, the presiding judge shall issue the Civil Management Order within thirty days of service of the Complaint on the last defendant or respondent or by December 3, 2021, whichever later, provided that the court has not already issued a pretrial order. The Order to be used by presiding judge is attached to the Administrative Order as Exhibit B.

In Re Establishment & Implementation of Civil Case Management Plan , Fla. Admin. Order No. 2021-19-Civ Amend. 2 (May 19, 2021).

Palm Beach Administrative Order No. 3.108 – Cases Filed on or Before April 29, 2021 (vi)

This Order applies to all civil cases pending in both the county and circuit courts in Palm Beach County on or before April 29, 2021.

This Order does not include cases that are subject to the rules of small claims, the rules of family law or the rules of probate. It also does not permit cases that require or permit summary procedure including actions for residential evictions under Florida Chapter 82, unlawful detainer Under Florida Chapter 83.59, certain actions to enforce liens on real and personal property under Chapter 85, certain condominium actions under Chapter 718, actions to remove mobile homeowners or mobile homes, certain regulatory actions.

Additionally, the following types of civil cases filed on or before April 29, 2021 are exempt: Post judgment cases in reopen status, cases where there has been no record activity for 6 or more months, cases where a trial or scheduling order has already been entered, cases that have already been designated as complex cases under Rule 1.240, cases that have been placed on inactive status, residential foreclosure cases, personal injury protection (PIP) cases, and tobacco cases assigned to Division A1.

Like the other orders, Palm Beach has set out definitions and guidelines in order to categorize cases into their respective tracks and time frames. The tracks are as follows:

Complex Case Track : Involve those cases with extraordinary complexity as to require or benefit from early intervention and individual judicial management, defined by Florida Rule of Civil Procedure 1.201. Cases may only be assigned by motion or stipulation on the parties with court approval, or by designation by the court. Once designated as a complex case, a Case Management Conference will be set within sixty (60) days from the designation of complex.

Streamlined Case Track : Involves cases normally requiring little judicial intervention with relatively simple procedural and legal issues that can be resolved promptly by early referral to mediation or alternative dispute resolution or expedited hearings.

Expedited Case Track: Cases involving the least amount of judicial intervention.

Per the guidelines set forth in the Florida Rules of General Practice and Judicial Administration 2.250(a)(1)(B) and Florida Rule of Civil Procedure 1.201(b)(3) as well as the Circuit’s historical data, case management plans should be based on following model time frames from filing to disposition.

Complex: 24 months General: 18 months Streamlined: 12 months Expedited: 8 months

The Circuit Civil and County Civil Administrative Judges have issued standing orders requesting that all parties to civil case submit an agreed Case Management Plan and Order Approving Case Management Plan for the Court’s approval and signature within specified dates based on the age of the case as follows:

Importantly, the anticipated date the case goes to trial on the Case Management plan should not exceed disposition time frame. If a case has been pending longer than the disposition period, the disposition time frame must be adjusted as follows:

In Re Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or Before April 29, 2021 , Fla. Admin. Order No. 3.108 (April 28, 2021)

Palm Beach Administrative Order No. 3.108 – Cases Filed on or After April 29, 2021 (vii)

This Order applies to all civil cases pending in both the county and circuit courts in Palm Beach County on or after April 29, 2021. The goal of this Order is to implement differentiated case flow management procedures for the purpose of ensuring that newly filed civil cases are resolved as close to the model time frames set forth in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B). A judge is required to hold a case management hearing in each civil case within 30 days from the service deadline.

This Order’s scope, track assignments and model time frames is identical to Administrative Order No. 3.108.

The case management procedures require that the clerk provide plaintiffs who seek a summons with the applicable Standing Order for Case Management and Request for Agreed Case Management plan. With this, plaintiffs should serve this order on all parties along with a copy of the complaint. Any issues arising from attempting to agree on an Agreed Case Management Plan will not be heard at the court’s Uniform Motion Calendar. For cases where this no proper service or a responsive pleading filed by defendants at 120 days and there was previously an order to Serve issued case managers will prepare an Order of Dismissal.

Additionally, the court will order a Case Management hearing to determine the track. However, parties may opt out of attending the hearing by submitting an Agreed Case Management plan. The plan should be attached in PDF format to a proposed Order Approving agreed Case Management Plan and submitted to the divisional queue through the Circuit’s OLS system.

When parties in a small claims case, including a Personal Injury Protection case, file a stipulation to invoke the rules of civil procedure, the case will be considered a civil case for the purpose of this Order. The parties should file a stipulation order to invoke the rules of civil procedure and a completed agreed case management plan, and an order approving case management plan.

In Re Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or After April 29, 2021 , Fla. Admin. Order No. 3.107 (April 28, 2021).

Although there is no quick fix for the inevitable delays incurred on the heels of COVID-19 in this states’ judicial system, these Orders help propel the legal field forward into the new normal with judicial efficiency and case resolution as the ultimate goal. If you are a practicing attorney, please consult each respective order for further details and clarification.

i In Re: COVID-19 Health and Safety Protocols and Emergency Operational Measures for Florida Appellate and Trial Courts , Fla. Admin Order. No. 21-17 (June 4, 2021).

ii In Re: Comprehensive Covid-19 Emergency Measures For Florida Trial Courts , Fla. Admin Order No. AOSC20-23, Amendment 13 (May 6, 2021).

iii In Re Establishment of Procedures for Active Case Management in the Circuit Civil Division Pursuant to AOSC 20-23A12 , Eleventh Judicial Circuit Admin. Order No. 21-09 (April 30, 2021).

iv In Re: Establishment of Procedures For Active Case Management in the County Civil Division Pursuant to AOSC 20A12 , Eleventh Judicial Circuit Admin. Order. No. 21-08, (April 30, 2021).

v In Re Establishment & Implementation of Civil Case Management Plan , Seventeenth Judicial Circuit Admin. Order No. 2021-19-Civ Amend. 2 (May 19, 2021).

vi In Re Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or Before April 29, 2021 , Fifteenth Judicial Circuit Order No. 3.108 (April 28, 2021).

vii In Re Adoption and Implementation of Retroactive Civil Differentiated Case Management Plan for Cases Filed on or After April 29, 2021 , Fifteenth Judicial Circuit Admin. Order No. 3.107 (April 28, 2021).

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What does 12/27/ aoa – administrative order of assignment.

Can I charge a fee for complying with the Income Withholding Order? He IS in a tough situation, administrative order of assignment. Ask your own question. These orders do not need to be signed. Ask your own question. Honor the most recent dated Income Withholding Order.

We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.

Disposable income means the remaining portion of your wages, salary or compensation for personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or a deferred compensation plan, after deducting from such earnings the amounts required by law to be withheld. What if I have multiple Income Withholding Orders with the same case number? On a determination to terminate an income withholding order, the department or its agent within two business days shall send by first class mail a copy of the order terminating or adjusting the order to the employer or payor and to the support payment clearinghouse. The withholding order shall be accompanied by a written notice of withholding as prescribed in this section. Can I charge a fee for complying with the Income Withholding Order? An assignment ordered pursuant to this section has priority over all other executions, attachments or garnishments. The employer or payor also must deduct a monthly amount for the support payment handling fee required by state law section , Arizona Revised Statutes.

The DCSS may review a case for license suspension when six months or more of child support is owed. The notices for these enforcement actions include instructions on how to request an administrative review to dispute the enforcement action being taken. An employer or other payor who receives the order of assignment may deduct from amounts due to you one dollar for each pay period, but not more than four dollars per month, for costs. Failure of the obligor to advise the department of changes in residential or employment address may subject the obligor to sanctions for contempt of court, including reasonable attorney fees and costs. The employer or payor also must deduct a monthly amount for the support payment handling fee required by state law section , Arizona Revised Statutes.

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(1) Dept Of Economic Security (DES) Et Al VS Dave Vernon Thompson Gomez

Case summary, case details.

*********1813

Other - Stayed

Family - Other Family

Maricopa County Superior Courts

Northeast Regional Court Center

Maricopa, Arizona

Judge Details

Party details, petitioners.

Veroneka Coolisha Haynes

(1) Dept Of Economic Security (DES)

Witness(1) Dept Of Economic Security (DES)

Dave Vernon Thompson Gomez

Attorney/Law Firm Details

Petitioner attorney, court documents.

Court documents are not available for this case.

Docket Entries

Docket AOA Administrative order of assignment IWO restricted if filed after 1/1/2006 (docket date:12/17/2020)

Docket AOA Administrative order of assignment IWO restricted if filed after 1/1/2006 (docket date:12/2/2020)

Docket AOA Administrative order of assignment IWO restricted if filed after 1/1/2006 (docket date:10/15/2020)

Docket AOA Administrative order of assignment IWO restricted if filed after 1/1/2006 (docket date:9/22/2020)

Judgement Judgment Against:, Frequency: One Time, Type: Judgment Only

Docket NOTE:

Docket IWO Income Withholding Order - Restricted Access (docket date:7/22/2020)

Docket NOTE: Judgment and Order: Notice of filing and entry provided to the parties

Docket JOR - Judgment And Order (docket date:7/22/2020)

Docket 256 - ME: Iv-D Hearing (docket date:7/20/2020)

Hearing Event: IV-D Establishment of Support; Result: Minute Entry Issued

Docket 023 - ME: Order Entered By Court (docket date:6/26/2020)

Docket AFS - Affidavit Of Service (docket date:6/24/2020)

Docket NOTE: Order To Appear Title IV-D

Docket ORA - Order To Appear (docket date:6/2/2020)

Docket ONA - Ord & Notice Attend Parent Inf (docket date:5/18/2020)

Docket SDS - Sensitive Data Sheet - Restricted Access (docket date:5/18/2020)

Docket COM - Complaint (docket date:5/18/2020)

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Clark County Bar Association

Serving Southern Nevada

Administrative Order 23-05 Modifies Many Assignments for Judicial Departments at Eighth Judicial District Court

On December 5, 2023, Chief Judge Jerry Wiese, of the Eighth Judicial District Court, filed an order in the administrative matter of the Civil/Criminal/Family Division case reassignments. See Administrative Order 23-05 (PDF available for download.) The order cites NRS 3.025; see also EDCR 1.30(b) and responsibility for the chief judge to ensure the quality of continuity of court’s services and business of the court. Administrative Order 23-05 modifies the following assignments to further foster consistency, efficiency, and fairness. See below for an excerpt with details:

“IT IS THEREFORE ORDERED, pursuant to EDCR 1.30(b), effective January 8, 2024, the following changes or modifications will take effect.

CIVIL/CRIMINAL Division Assignments:

The criminal cases currently assigned to Judge Jennifer Schwartz (Dept. 17), under Track 2, (from LVJC Dept. 2), (Tuesday and Thursday 9:00 calendar) shall be reassigned to Judge Nadia Krall (Dept. 4). Note that Judge Schwartz will maintain the criminal cases she handles under Track 3 (from LVJC Dept. 3) (Monday and Wednesday 9:00 calendar).

Approximately one half of the civil cases (but not to exceed 400 cases) currently assigned to Judge Nadia Krall (Dept. 4), shall be reassigned to Judge Jennifer Schwartz (Dept. 17).

The criminal cases currently assigned to Judge Monica Trujillo (Dept. 3) (outlying track) (Tuesday and Thursday 9:30 calendar), shall be reassigned to Judge Adriana Escobar (Dept. 14). Note that Judge Trujillo will maintain the criminal cases she handles under Track 14 (from LVJC 14) (Monday and Wednesday 9:30 calendar).

Approximately one half of the civil cases (but not to exceed 400 cases) currently assigned to Judge Adriana Escobar (Dept. 14), shall be reassigned to Judge Monica Trujillo (Dept. 3).

The criminal cases currently assigned to Judge Carly Kierny (Dept. 2) (outlying track) (Monday and Wednesday 9:30 calendar), shall be reassigned to Judge Jessica Peterson (Dept. 8). Note that Judge Kierny will maintain the criminal cases she handles on the Homicide Team (Tuesday 9:00 calendar).

Approximately one half of the civil cases (but not to exceed 400 cases) currently assigned to Judge Jessica Peterson (Dept. 8), shall be reassigned to Judge Carly Kierny 28 (Dept. 2).

The criminal cases currently assigned to Judge Tierra Jones (Dept. 10) (outlying track) (Monday and Wednesday 8:30 calendar), shall be reassigned to Judge Susan Johnson (Dept. 22). Note that Judge T. Jones will maintain the criminal cases she handles on the Homicide Team (Thursday 9:00 calendar).

Approximately one-half of the business court cases currently assigned to Judge Susan Johnson (Dept. 22), shall be reassigned to Judge Maria Gall (Dept. 9).

Approximately one half of the civil cases (but not to exceed 400 cases) currently assigned to Judge Maria Gall (Dept. 9), shall be reassigned to Judge Tierra Jones (Dept. 10).

All of the business court cases currently assigned to Judge Nancy Allf (Dept. 27), shall be reassigned to Judge Joe Hardy (Dept. 15). Approximately 200 civil cases currently assigned to Judge Joe Hardy (Dept. 15), shall be reassigned to Dept. 27.

Approximately 200 civil cases currently assigned to Judge Jacqueline Bluth (Dept. 6), shall be reassigned to Judge Bita Yeager (Dept. 1).

The Eviction Appeals currently assigned to Judge Maria Gall (Dept. 9), shall be reassigned to Judge Anna Albertson (Dept. 11).

The Eviction Appeals currently assigned to Judge Adriana Escobar (Dept. 14), shall be reassigned to Judge Jacob Reynolds (Dept. 29).

Judge Nadia Krall (Dept. 4), will move from Courtroom 3C to Courtroom 11A.

Judge Veronica Barisich (Dept. 5), will move from Courtroom 11A to Courtroom 3C.

FAMILY Division Assignments:

All new adult and minor name change cases shall be randomly assigned to all twenty-six (26) Family Division departments.

All closed Minor Compromise cases currently assigned to Department B and Department F shall be randomly reassigned to all Civil Division departments in proportion to the currently established caseload assignments for new Minor Compromise cases.

Judge Linda Marquis (Dept. B), shall be reassigned to Delinquency, receiving Dept. I, Judge Soonhee Bailey’s caseload with the exception of the DAAY court specialty cases and the Dual Ward (DIY) calendars.

The Delinquency caseload currently subject to random assignment between Judge Soonhee Bailey and Judge Amy Mastin (Dept. M), will now be assigned between Judge Linda Marquis (Dept. I) and Judge Amy Mastin (Dept. M).

Judge Soonhee Bailey (Dept. I) will be reassigned to Dependency, and will receive Judge Stephanie Charter’s (Dept. Y) caseload, and she will also retain the DAAY court specialty and the Dual Ward (DIY) calendars.

Judge Soonhee Bailey will coordinate scheduling DAAY cases and DIY cases with Judges Linda Marquis and Amy Mastin, and the delinquency Hearing Masters, so that the delinquency judges know which days those calendars are being heard by Judge Soonhee Bailey and so as to illuminate scheduling conflicts for community partners and attorneys serving the delinquency case type.

Judge Denise Gentile (Dept. F), and Judge Bryce Duckworth (Dept. Q), will each receive a split docket calendar consisting of 50% each of all adult guardianship cases and 50% each of Judge Bryce Duckworth’s current civil domestic caseload. Each department (Dept. F and Dept. Q), will be randomly assigned 50% of all adult guardianship cases and one half each of the normal random assignment of new domestic cases (i.e. the two of them make up one full domestic caseload so will each get their half share of such randomly assigned new civil domestic cases).

If there are two cases assigned with competing petitions relating to a guardianship over the same person, the department with the lower case number assigned shall be the department to handle both matters, unless otherwise agreed by the judges handling the adult guardianships.

Judge Dawn Throne (Dept. U), and Judge Stacy Rocheleau (Dept. W), will each receive a split docket calendar consisting of 50% each of all minor guardianship cases. Additionally, Judges Dawn Throne and Stacy Rocheleau will each keep 50% of their current respective civil domestic caseloads and will each receive one half of the normal random assignment of new domestic cases (i.e. the two of them make up one full domestic caseload so will each get their half share of such randomly assigned new civil domestic cases).

If there are two cases assigned with competing petitions related to a guardianship over the same person, the department with the lower case number assigned shall be the department to handle both matters, unless otherwise agreed by the judges handling the minor guardianships.

For the split dockets, Dept. F and Dept. Q, shall hear adult guardianship cases on days opposite from one another so as to avoid an increase of in court days for community partners and attorneys serving that caseload. Likewise, Dept. U and Dept. W shall hear minor guardianship cases on days opposite from one another for the same reason.

Judge Linda Marquis will relocate to the Family Division campus at Bonanza and Pecos, and Judge Bryce Duckworth will relocate to the Regional Justice Center.

Judge Stephanie Charter (Dept. Y) will be reassigned to a full civil domestic caseload consisting initially of the remaining 50% of Judge Dawn Throne’s current civil domestic caseload and the remaining 50% of Judge Stacey Rocheleau’s current civil domestic caseload. Dept. Y will receive a full share of randomly assigned new civil domestic cases.”