An income withholding order is a legal directive issued by a court in relation to child support proceedings.
In cases involving child custody arrangements, one parent (typically the non-custodial parent) may be required to make child support payments according to a predetermined schedule, such as weekly or monthly. The court will determine the amount and frequency of these payments.
Upon being ordered to pay child support, the responsible parent’s employer may receive an income withholding order instructing them to withhold a portion of the employee’s income to fulfill their child support obligations. These orders can also be referred to as “child support withholding orders” or “wage withholding orders.”
Custodial parents should ensure the court issues an official income withholding order to guarantee their child support payments. Both parents paying child support and employers receiving income withholding orders should be aware of their rights and obligations in this situation.
How Does the Custodial Parent Request an Income Withholding Order?
Typically, an income withholding order should be entered together with a formal child support court order.
Both parents may request the order not to be entered, but if the custodial parent disagrees, the court will generally proceed with the income withholding order.
Not having a formal order in place can be risky, as there is no fallback option in case of non-payment.
In some cases, a custodial parent may ask the court to enter an income withholding order after the initial child support order has been entered, but you should check your local court’s rules to ensure proper and timely procedures are followed.
These orders can apply to commissions, disability payments, retirement accounts, pensions, and work bonuses, in addition to regular wages.
What are an Employer’s Obligations After Receiving an Income Withholding Order?
An employer must verify its validity upon receiving an income withholding order. The order should be issued by the court or a child support agency and direct the employer to send the payment to the appropriate state agency.
If the order is valid, the employer must inform the employee and begin deducting the required amount from their paycheck. The deducted funds must be sent directly to the state agency responsible for child support, which will then transfer the money to the custodial parent.
Employers must not garnish more than the specified wage amount in the income withholding order. In cases where the employee has other wage garnishment requirements (e.g., bankruptcy), the income withholding order takes precedence, with one exception: if the employee has outstanding federal tax debt, the federal government takes priority and can seize and sell property to recover the debt before deducting child support payments.
Are There Any Consequences for Violating an Income Withholding Order?
Parents subjected to an income withholding order must be aware of the potential penalties for noncompliance.
Child support payments are legally binding, making income withholding orders enforceable by law. Failing to make the required payments can result in being held in contempt of court, fines, and even imprisonment.
Firstly, the receiving parent can ask the court to hold the paying parent in contempt of court. If the court finds that the paying parent willfully disobeyed the court order, they could be fined or even jailed for contempt of court.
The paying parent’s employer may also be held responsible for failing to comply with the income withholding order. The employer could be fined and ordered to pay any unpaid child support amounts.
In some states, the paying parent’s driver’s license or professional license may be suspended or revoked until they make the required child support payments. The paying parent’s tax refund may also be seized to pay past-due child support.
Finally, failure to pay child support could also result in damage to the paying parent’s credit score. Delinquent child support payments can be reported to credit bureaus, negatively affecting the parent’s creditworthiness and ability to obtain credit in the future.
Employers who knowingly violate income withholding orders may face legal repercussions, such as fines, in many states. Employers should take these orders seriously and comply with their obligations.
Typically, the receiving parent can file a complaint with the state child support agency or court to report the employer’s noncompliance.
After receiving the complaint, the state agency or court will investigate the matter to determine if the employer has failed to comply with the income withholding order. If it is found that the employer has not followed the order, they will be notified and given an opportunity to remedy the situation.
If the employer still does not comply, the state agency or court may impose penalties, such as fines, on the employer. In some cases, the employer may be required to pay the unpaid child support amounts directly to the receiving parent.
Employees may seek legal action against their employer for wrongful termination or disciplinary actions based on an income withholding order. Employers are prohibited from making employment decisions solely because an employee owes child support.
To protect employees’ rights, the Consumer Credit Protection Act (CCPA) sets limits on the amount of wages that can be garnished for child support. The CCPA limits the amount that can be garnished to no more than 50% of an employee’s disposable earnings for the support of a second family and up to 60% for the support of a first family.
Additionally, under the CCPA, employers who retaliate against employees for child support garnishment are subject to fines and other penalties.
Employees who believe their employer has taken adverse action due to an income withholding order should contact their state child support agency or consult with an attorney.
Can My Employer Tell Other Employees About My Income Withholding Order?
No, your employer is generally not permitted to disclose your income withholding order to other employees.
The confidentiality of income withholding orders is protected by federal and state laws, and disclosing this information without your consent could be a violation of your privacy rights.
Under the CCPA, employers are required to keep income withholding orders confidential and may only disclose this information as necessary to comply with the order or as required by law.
This means that only those who need to know about the income withholding order to perform their job duties, such as payroll or human resources staff, may be informed of the order.
Additionally, many states have their own laws that further protect the confidentiality of income withholding orders. In some cases, employers may be subject to fines or other penalties for disclosing this information without your consent.
If you believe that your employer has disclosed your income withholding order to other employees without your consent, speak with an attorney or your state’s child support agency to discuss your options for addressing the issue.
Do I Need to Contact a Lawyer for Issues With an Income Withholding Order?
Child support proceedings can be intricate and challenging, but there is a solution.
LegalMatch can provide assistance by matching you with a qualified child support attorney who can guide you through the process.
Your attorney will examine your case, including any income withholding orders, to make sure they are fair and reasonable. They will also help you resolve any disagreements that may arise.
If your employer refuses to follow an order, your attorney can take legal action to ensure that the order is enforced.
Use LegalMatch to get the legal help you need to navigate child support proceedings successfully.
