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Facts about employer income withholding for child support

On Behalf of | Dec 6, 2018 | Child Support |

Colorado parents who are ordered to pay child support will undoubtedly understand the child support guidelines, every day expenses and other concerns that go into it. For many, the supporting parent’s employer will withhold part of the person’s pay so it can go directly to the custodial parent for the benefit of the child. When the employer is taking part in income withholding, there are certain facts that the parents should understand. This is important in case there is a child support dispute or another issue arises.

When there is child support being withheld, it is priority. That means any legal process by the state against the employee’s income will be secondary. The support will be withheld from disposable income prior to deductions when there are other withholdings. This will be for as much as 50 to 65 percent of those disposable earnings. An exception is if there is a federal tax levy that was received before the order to withhold income for child support.

The employer cannot stop the withholding because the employee has requested it or it appears that any past-due payments (arrears) were paid. Withholding will continue until the employer is notified in writing by whomever sent the order. The employer could be liable for payments that were not withheld. Employers can assess a fee of up to $5.00 per month from whatever is left in the employee’s pay after withholding. It cannot be deducted from the payment for child support. The payments will continue to be deducted even if the employee informs the employer that there was a bankruptcy filing.

If an employee is terminated, the Family Support Registry will be notified by the employer with the employee’s vital information. When an employee is rehired, the employer does not need to wait until there is a new order to withhold child support. The existing notice will be adhered to. The FSR must be informed to restart the withholding. If an order is from another state, the employer is required to honor it identically as it would if the order had been made in Colorado.

Employees who have income withholding for child support must know the rules that the employer will follow. Should there be concerns on the part of the custodial parent or the supporting parent, legal assistance is a must. A law firm with experience representing clients in family law cases and in handling child support can help at any point in the case.