Employer's Frequently Asked Questions
1. What do I do if the employee
does not work at all during a pay period?
a. On the next payment you remit to our office, please
include a note stating that no deductions were made for
the pay date because the employee did not work during the
pay period.
2. Do I need to tell you the date
I withheld the payment?
a. Yes, the date is required so that our office can properly distribute
the payments. This date is vital to our office for accurate
accounting and MUST be included on the check or check stub.
Our office is unable to use the pay period ending date,
invoice date or check date.
3. Can I send in one check for
multiple employees?
a. Yes, you can combine support withholdings into one
consolidated check. You must include an itemized accounting
providing the name, social security number (or other identifying
number), amount that applies to each employee for each child
support case number, and the withholding dates.
4. What earnings can I use as
a source for child support?
a. You can use the following earnings:
i. Wages, salary, bonuses, vacation pay, retirement
pay, commissions paid by an employer
ii. Payments for services of independent contractors
iii. Dividends, rents, royalties, and residuals
iv. Patent rights and minerals, or other natural resource
rights
v. Any payments due as a result of written or oral contracts
for services or sales, regardless of their title
vi. Payments due for worker’s compensation temporary
disability benefits
vii. Any other payments or credits due or becoming due,
regardless of source
5. How do I handle multiple wage
assignments for the same employee?
a. If your employee has more than one assignment for support,
add together the amount of support due. If 50% of your employee’s
net disposable earnings will not pay in full all of the
assignments of support, you will need to determine the percentage
of each order to deduct. To determine the correct percentage
of support, divide each order by the total amount of current
support due for all orders. For example:
Order A = $125 current child support
Order B= $ 200 current child support
Order C= $ 300 current child support
TOTAL= $625 current child support
To get the correct percentage of support, divide each
order amount by the total support due for all orders.
$125/ $625=20%
$200/$625=32%
$300/$625=48%
TOTAL= 100%
6. Some of my employees only
work part-time. What do I do if 50% of their net disposable
income is less than the withholding amount for the pay period?
a. You can still withhold up to 50% of your employee’s
net disposable income each month.
7. What should I do if the employee
tells me not to enforce the child support wage assignment
because it is incorrect or disagrees with the amount of the
arrears shown on the order?
a. Continue to honor the child support wage assignment
and inform your employee that they should contact their
child support officer to resolve the matter.
8. The child support wage assignment
does not have a judge's signature. Do I still have to comply
with it? Is it based on a court order?
a. Yes, the child support wage assignment is a federally
required form (since January 2000) to be used in all support
cases in all states. The signature of a judicial officer
is not required when the wage assignment is sent by a child
support enforcement agency. The on-going child support amount
is taken from the most recent court order. An arrears payment
on the child support wage assignment may be based on a court
order, but the child support enforcement agency also has
the authority to administratively set an arrears payment.
9. What if the name and/or the
social security number on the child support wage assignment
do not match my employee?
a. Please contact the Department of Child Support Services
to check to see if there is an error in the name or number,
or if this could be a case of mistaken identity.
10. Can I allow an employee to
pay child support directly to your department as long as I
know the payments are being made?
a. No, you must continue to comply with the child support
wage assignment.
11. What are net disposable earnings?
a. They are earnings remaining after mandatory taxes and
deductions (including mandatory retirement or union dues)
have been satisfied. Therefore, if your employee has voluntary
deductions for 401K plans or other benefits, these deductions
cannot be used to calculate net disposable earnings.
12. What do I do if an employee
has other non-support income attachments?
a. Except when an IRS tax lien was served first, federal
and state laws require child support withholding to take
priority over other income attachments. You must withhold
the required amount as long as the amount does not exceed
50% of the employee’s net disposable earnings.
13. An employee has told payroll
that his child has turned 18 and/or the arrears are paid in
full and to stop the wage withholding. Should the garnishments
stop?
a. No. Do not end the garnishments until the Department
of Child Support Services notifies you to do so. Please
inform your employee that they need to contact their child
support officer to address this issue.
14. What if the employee becomes
injured, quits work, is laid off, or is fired after I begin
withholding child support?
a. Please inform the Department of Child Support Services
no later than the next pay date. Please indicate if it is
a temporary layoff. In addition, if the employee returns
to work for you, continue to garnish their wages (the child
support wage assignment is still binding and must be honored.)
15. What if our employee has
voluntarily elected not to maintain any medical insurance?
a. You must enroll the children immediately, regardless
of open enrollment restrictions. Choose any available plan
that will reasonably provide benefits where the children
live. If you are not sure which plan to enroll, please contact
the Department of Child Support Services for assistance.
16. What if our employee already
has existing medical insurance for the children?
a. The existing medical coverage should be replaced only
if the children are not provided reasonable benefits under
the existing coverage where they live. Please direct any
questions about this to the child support officer assigned
to the case.
17. Do I pay the premiums directly
to the insurance provider?
a. Yes. Send the premiums directly to the provider and
be sure to include the child’s name and social security
number.
18. What if health insurance
coverage is available, but the deduction of the premiums and
the child support exceeds the employee's 50% net disposable
earnings?
a. Please contact the Department
of Child Support Services and we will inform you which
of the two you need to deduct.
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