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Child Support Payments


Child Support Payments

The payroll manager will almost certainly see court-ordered child support withholding orders at some point during his or her career. Tightly enforced federal laws help to track down parents who are not making support payments; these laws also require employers to withhold various amounts from the pay of parents in arrears to meet mandated child support payments.

The maximum amount of an employee's disposable earnings subject to child support withholding is 60 percent of his or her pay, or 50 percent if the employee is already making payments to support other children or spouses. Both of these percentages increase by 5 percent if an employee is 12 or more weeks in arrears in making support payments.

To calculate disposable earnings, subtract all legally mandated deductions from an employee's gross pay, such as federal and state income taxes, Social Security and Medicare taxes, and any locally mandated disability or unemployment taxes. Voluntary deductions, such as pension and medical insurance deductions, are not used to calculate disposable earnings.

Example. The Dim Bulb I.Q. Testing Company receives a court order to withhold child support payments from the pay of its employee Ernest Evans, in the amount of $390 per weekly paycheck. The payroll manager needs to determine how much can actually be withheld from Mr. Evans's pay, who earns $850 per week and does not make support payments to another child or spouse. His typical paycheck remittance advice is:

Gross pay

$850

Federal income tax

125

State income tax

35

Social Security tax

53

Medicare tax

12

Medical insurance

62

401(k) plan deduction

80

Net pay

$483

Of the amounts listed on the remittance advice, the medical insurance and 401 (k) deductions are voluntary and so cannot be included in the calculation of disposable earnings. This increases Mr. Evans's disposable earnings to $625. The payroll manager then multiplies this amount by 60 percent, which is the maximum amount of disposable earnings that can be remitted for child support. The result is $375, which is $15 less than the $390 listed on the court order. The payroll manager begins deducting and remitting $375 per week.

When a child support court order is received, it takes precedence over all other types of garnishment orders, with the exception of tax levies that were received prior to the date of the court order. An employer must begin withholding the maximum allowable amount from an employee's pay no later than the first pay period beginning 14 working days after the posted date of the court order, and must continue to withhold funds until the order is rescinded by the court.

A common point of confusion is where to send child support payments. Contrary to any demands by the parent who is designated to receive the payments, they typically go to a court-designated person, who then disburses the funds to the recipient parent—payments never go straight to that parent. Instructions for remitting funds will be listed on the court order; the employer should follow these instructions to the letter.

An employer can charge an employee an administrative fee for withholding child support from his or her paycheck. The amount is mandated by state law, and is itemized in Exhibit 8.1. The fee can only be taken from an employee's remaining wages after the support payment amount has already been withheld.

If an employee leaves the company before the obligations of a court order are discharged, the employer is obliged to notify the issuing enforcement agency of the employee's last known address, as well as the location of a new employer (if known). The agency needs this information to track the employee and continue to enforce the court order. If an employer chooses to ignore a court order, it will be liable for the total amount that should have been withheld. This means that an employer must act promptly to begin withholding by the date specified in the court order, and must withhold the full required amount, taking into account the rules noted earlier in this section.


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