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Employer Question 18

What does the Order/Notice to Withhold Income for Child Support require me to do?

Answer

1.

Document the date you received the Order/Notice.

2.

Give a copy of the Order/Notice and the blank Request for Hearing form to your employee within 10 days of receipt.

Note: Order/Notices to Withhold Income for child support do not have to be filed at Superior Court to be valid orders.

3.

Follow the terms of the order. Begin to withhold money from the employee's net disposable earnings no later than 10 days after receipt. This usually means you begin deductions at the next pay period after receipt. Send payments to child support services agency within seven (7) working days of the employee's pay date. Do not wait until the end of the month to send the support. (The withholding limit varies from state to state. California employers may not withhold more than 50% of the net disposable income.)

4.

When sending payments, provide the:

  • Child support case number

  • Employee's name

  • Social Security Number

  • Dates money was withheld, in order for the payment to be properly posted. The date the money was withheld is the date your employee was paid, i.e. the pay date. It is also known as the legal date of collection (LDOC).

Forms you will receive along with the Order/Notice:

  • A cover letter with instructions for how to implement wage withholding;

  • Request for Hearing Regarding Wage and Earnings Assignment and Information sheet

  • A letter for employers to inform the child support services agency if the employee leaves this employment. (Notify the child support services agency no later than the date of the next payment and provide the employee's last known address, and, if known, the name and address of the new employer)

  • Payment coupons

  • National Medical Support Notice.

Note: Employers MAY NOT use an Order/Notice as grounds for refusing to hire a person or for taking disciplinary action against an employee. Employers could face civil penalties if they do so.

Wage assignments do not mean that the employee has not provided for his/her children. By federal law, all child support orders issued by child support services agencies must contain a wage assignment order or notice.

< Back to List of Employer's Frequently Asked Questions

Answer

1.

Document the date you received the Order/Notice.

2.

Give a copy of the Order/Notice and the blank Request for Hearing form to your employee within 10 days of receipt.

Note: Order/Notices to Withhold Income for child support do not have to be filed at Superior Court to be valid orders.

3.

Follow the terms of the order. Begin to withhold money from the employee's net disposable earnings no later than 10 days after receipt. This usually means you begin deductions at the next pay period after receipt. Send payments to child support services agency within seven (7) working days of the employee's pay date. Do not wait until the end of the month to send the support. (The withholding limit varies from state to state. California employers may not withhold more than 50% of the net disposable income.)

4.

When sending payments, provide the:

  • Child support case number

  • Employee's name

  • Social Security Number

  • Dates money was withheld, in order for the payment to be properly posted. The date the money was withheld is the date your employee was paid, i.e. the pay date. It is also known as the legal date of collection (LDOC).

Forms you will receive along with the Order/Notice:

  • A cover letter with instructions for how to implement wage withholding;

  • Request for Hearing Regarding Wage and Earnings Assignment and Information sheet

  • A letter for employers to inform the child support services agency if the employee leaves this employment. (Notify the child support services agency no later than the date of the next payment and provide the employee's last known address, and, if known, the name and address of the new employer)

  • Payment coupons

  • National Medical Support Notice.

Note: Employers MAY NOT use an Order/Notice as grounds for refusing to hire a person or for taking disciplinary action against an employee. Employers could face civil penalties if they do so.

Wage assignments do not mean that the employee has not provided for his/her children. By federal law, all child support orders issued by child support services agencies must contain a wage assignment order or notice.

< Back to List of Employer's Frequently Asked Questions