Employment and Income Verification
 The
Department of Child Support Services searches for parents
in order to request income information to properly determine
a child support amount, to verify employment in order to serve
a child support wage assignment, to serve them with child
support actions, or to deliver other official documents.
Child support agencies have the legal authority to locate
obligated parents and their financial assets. State and federal
laws require employers to provide this information. Forms
sent by child support agencies contain proper identification
and cite the legal authority allowing them to make the inquiry.
Most verification requests pertain to financial resources,
location and/or the availability of medical support.
Your Employee's Responsibility
- If your employee is not in agreement with the withholding
order, they must notify the Department of Child Support
Services-- it is not your responsibility.
- Even if your employee tells you that the withholding
order is incorrect or the wrong amount is being withheld,
it is their responsibility (not yours) to clarify the situation
with their child support officer.
- Do not stop withholding your employee’s earnings
unless the Department of Child Support Services instructs
you to do so.
Employer Requirement
You must begin withholding money from your employee’s
net disposable earnings as soon as possible, but no later
than 10 days after you have received the child support wage
assignment. You must send payment within 7 working days of
the pay date. Make the check payable to:
State Disbursement Unit
P.O. Box 989067
West Sacramento, CA 95798
Please include the following information for each employee
withholding in order to process the payment quickly and
accurately to your employee’s account:
Liability
If you fail to withhold and forward child support payments,
you may be personally liable for the amount of support not
withheld, and you may be held in contempt of court. If you
do not follow the terms of the child support wage assignment,
you are breaking the law. An employer may face civil penalties
for contempt for failing to follow the wage withholding order
or notice. For each month that you are found in contempt,
you may be fined up to $1,000. In addition, if you willfully
fail to remit the support, the Department of Child Support
Services will attempt to collect the amount due. If you fail
to forward support or if you have not complied with the wage
assignment three times in the last 12 months, the Department
of Child Support Services may ask the court to consider an
electronic transfer of funds for the amount due from your
business account at your bank. The court might also impose
a civil penalty of up to 50% of the amount not received, in
addition to any counts of contempt that may be found against
you.
Fees for Processing and Withholding Child Support Payments
You may deduct an additional $1.50 from your employee’s
earnings for each payment that you make for processing and
withholding the child support payments. This $1.50 is NOT
to be deducted from the amount indicated under the child support
wage assignment.
Informing Your Employee about the Child Support Wage Assignment
You must provide a copy of the child support wage assignment
to your employee (this copy is attached to the withholding
order that you receive). This will inform your employee that
their wages will be garnished. This will also provide them
with information about their rights and relevant procedures
under the law to move or quash the wage assignment order within
10 days of receipt if they disagree with it.
Anti-Discrimination
California law prohibits you from discharging an employee
from employment, refusing to employ, or taking disciplinary
action against any employee because of a child support withholding
order. |
