Out of state orders
Federal and California law now require employers to honor wage assignments from other states. The form used is virtually identical to the Income Withholding Order used by California courts and agencies and should contain the same information - the only difference is that the payment will be sent to an out-of-state entity.
The California Franchise Tax Board has recently been given a much bigger role in child support collection. If a child support arrears has arisen on a case and it is not being paid down, FTB is required by law to seek all available resources of the paying parent to satisfy that obligation. Employers will normally receive either a Income Withholding Order (IWO) or an Earnings Withholding Order (EWO) from FTB. An EWO is similar to a writ of execution. Instructions for withholding will be served with the EWO.
NOTE: Any questions about the FTB collections should be directed to the child support agency, not to FTB.
Requests for employee information
Family Code section 17512
California law requires that upon receipt of a written request from the county child support agency every employer shall cooperate with and provide relevant employment and income information in their possession.
- Relevant employment and income information shall include, but is not be limited to, all of the following:
- Whether the person has or has not been employed by an employer.
- The full name of the employee or the first and middle initial and last name of the employee.
- The employee's last known residence address.
- The employee's date of birth.
- The employee's social security number.
- The dates of employment.
- Current rate of pay
- All earnings paid to the employee in the prior tax year.
- Other earnings (for definition, see Family Code sec. 5206 or click here).
- Whether dependent health insurance coverage is available to the employee through employment or membership in a labor organization
- No employer shall incur any liability for providing this information.
- The child support agency shall notify the employer of the child support agency case file number.
- The written request shall include at least three of the following elements regarding the person who is the subject of the inquiry:
A) first and last name and middle initial, if known
B) social security number
C) driver's license number
D) birth date
E) last known address
F) spouse's name
- An employer that fails to provide relevant employment information to the local child support agency within 30 days of receiving a request may be assessed a civil penalty of a maximum of one thousand dollars ($1,000), plus attorneys' fees and costs. Proceedings to impose the civil penalty shall be commenced by the filing and service of an order to show cause.