Q: Aren't IWOs standard for child support in initial custody cases unless otherwise agreed to by both parties? (AL)
Ex's lawyer tried to take out the need for an IWO out of the final draft of settlement agreement and now ex is saying an IWO won't be issued if we go to court. Isn't an entry of IWO required, per section 30-3-61 Alabama 1975?
A: I would need to know more about your situation to give any specific advice, but, in a private divorce, an IWO isn't required. However, it is generally highly suggested.
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A: Hello. In the counties where I practice, all of our orders state that IWO's are required by the code section you describe and our judge's routinely issue them and site that code section as grounds for the order. It is best practice to require IWOs for child support because otherwise it is up to the parties to track who paid the support, when and, how much. An IWO is much simpler for everyone; however, you can both agree to not have one issued. Best of luck and thank you for your question.
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