|
Federal and state law requires every child support order
to include mandatory wage withholding except in very special cases. Once
the order is made an order is served on the parent's employer that requires
the money to be withheld and forwarded to the child support agency. During
the time between when the court makes the order effective and when the
wage withholding order actually gets served on the employer, the paying
parent must make the ongoing child support payments her/himself. The
issuing of a wage withholding order does not relieve the paying parent
of the personal responsibility to ensure the payments are made as ordered.
The employer must give the paying parent
a copy of the withholding order within 10 days after
receiving it. The paying parent can file a motion with
the court to try to have the withholding order revoked
(Motion to Quash). Such motions are rarely successful.
The employer can withhold up to 50%
(one-half) of an employee's pay (after taxes are deducted)
unless the court orders otherwise. Child support withholding
orders have priority over most other withholding orders.
If no motion is filed, the employer
must forward money to the child support agency within
10 days after it is withheld from the employee's check.
If the employer refuses to withhold or forward the money,
the employer may be charged with contempt of court and
be fined or jailed. The employer may also be personally
liable for the child support not withheld - meaning,
the employer will have to pay it out of his/her own
pocket. The employer must continue withholding as long
as the parent is employed there.
Once received, the child support agency
has 2 days to distribute the money to the appropriate
payee - usually the custodial parent or, if the family
is receiving public assistance, to the county.
|