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:
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court order, and must continue to withhold funds until the order is rescinded by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.