- Please send a note to the Department of Child Support Services, stating that no deductions were made for the pay date because the employee did not work during the pay period.
- Yes, the CA State Disbursement Unit needs to know the pay date, which is the legal date of collection. The date is required so that they can properly distribute the payments. This date is vital to them for accurate accounting and MUST be included on the check or check stub. The State Disbursement Unit is unable to use the pay period ending date, invoice date or check date. They must use the pay date that is the date your employee was actually paid. If you provide the date of collection, they capture the date and your employee is not charged interest for a late payment.
- Yes, you can combine support withholdings into one consolidated check. You must include an itemized accounting providing the name, social security number (or other identifying number), amount that applies to each employee for each child support case number, pay date/date of withholding and the case identifier.
You can use the following earnings:
- Wages, salary, bonuses, vacation pay, retirement pay, commissions paid by an employer
- Payments for services of independent contractors
- Dividends, rents, royalties, and residuals
- Patent rights and minerals, or other natural resource rights
- Any payments due as a result of written or oral contracts for services or sales, regardless of their title
- Payments due for worker's compensation temporary disability benefits
- Any other payments or credits due or becoming due, regardless of source
If your employee has more than one assignment for support, add together the amount of support due. If 50% of your employee's net disposable earnings will not pay in full all of the assignments of support, you will need to determine the percentage of each order to deduct. To determine the correct percentage of support, divide each order by the total amount of current support due for all orders. For example:
Order A = $125 current child support
Order B = $ 200 current child support
Order C = $ 300 current child support
TOTAL = $625 current child support
To get the correct percentage of support, divide each order amount by the total support due for all orders.
$125/$625 = 20%
$200/$625 = 32%
$300/$625 = 48%
TOTAL = 100%
Some of my employees only work part-time. What do I do if 50% of their net disposable income is less than the withholding amount for the pay period?You can still withhold up to 50% of your employee's net disposable income each month.
What should I do if the employee tells me not to enforce the child support wage assignment because it is incorrect or disagrees with the amount of the arrears shown on the order?Continue to honor the child support wage assignment and inform your employee that they should contact their child support officer to resolve the matter.
The child support wage assignment does not have a judge's signature. Do I still have to comply with it? Is it based on a court order?Yes, the child support wage assignment is a federally required form (since January 2000) to be used in all support cases in all states. The signature of a judicial officer is not required when the wage assignment is sent by a child support enforcement agency. The on-going child support amount is taken from the most recent court order. An arrears payment on the child support wage assignment may be based on a court order, but the child support enforcement agency also has the authority to administratively set an arrears payment.
What if the name and/or the social security number on the child support wage assignment do not match my employee?Please contact the Department of Child Support Services to check to see if there is an error in the name or number, or if this could be a case of mistaken identity.
Can I allow an employee to pay child support directly to your department as long as I know the payments are being made?No, you must continue to comply with the child support wage assignment.
- They are earnings remaining after mandatory taxes and deductions (including mandatory retirement or union dues) have been satisfied. Therefore, if your employee has voluntary deductions for 401K plans or other benefits, these deductions cannot be used to calculate net disposable earnings.
- Except when an IRS tax lien was served first, federal and state laws require child support withholding to take priority over other income attachments. You must withhold the required amount as long as the amount does not exceed 50% of the employee's net disposable earnings.
An employee has told payroll that his child has turned 18 and/or the arrears are paid in full and to stop the wage withholding. Should the garnishments stop?No. Do not end the garnishments until the Department of Child Support Services notifies you to do so. Please inform your employee that they need to contact their child support officer to address this issue.
What if the employee becomes injured, quits work, is laid off, or is fired after I begin withholding child support?Please inform the Department of Child Support Services no later than the next pay date. Please indicate if it is a temporary layoff. In addition, if the employee returns to work for you, continue to garnish their wages (the child support wage assignment is still binding and must be honored.)
- You must enroll the children immediately, regardless of open enrollment restrictions. Choose any available plan that will reasonably provide benefits where the children live. If you are not sure which plan to enroll, please contact the Department of Child Support Services for assistance.
- The existing medical coverage should be replaced only if the children are not provided reasonable benefits under the existing coverage where they live. Please direct any questions about this to the child support officer assigned to the case.
- Yes. Send the premiums directly to the provider and be sure to include the child's name and social security number.
What if health insurance coverage is available, but the deduction of the premiums and the child support exceeds the employee's 50% net disposable earnings?Please contact the Department of Child Support Services and we will inform you which of the two you need to deduct.