Frequently Asked Questions
Indiana's Income Withholding Law
Income withholding orders are the most convenient way to ensure that child support is regularly paid. Indiana's income withholding law applies to all employers/income payors regardless of size. An "income payor" means an employer or other person who owes "income" to an obligor and "income" means anything of value. An Income Withholding Order (IWO) is for child support only. The income withholding law permits child support enforcement offices operating under the Title IV-D Child Support Program to require any employer to withhold current and delinquent child support obligations from an employee's earnings. The amounts withheld must be submitted to the Indiana State Central Collection Unit (INSCCU). The income withholding law also applies to payments owed to independent contractors. To view the Indiana state statute click IC 31-16-15. Below are answers to questions employers may have with respect to the law.
Why is an income withholding order (IWO) necessary?
An IWO assists non-custodial parents as well as custodial parties by ensuring that child support is paid regularly and that an official record of the payment is created.
How is the obligation to withhold income initiated?
The employer will receive a written income withholding order from a court or a Title IV-D child support agency.
What information is on the income withholding order (IWO)?
The IWO states:
- The name of the employee and, if appropriate, that the employee is in arrears in the payment of child support.
- The total amount to be withheld each pay period from the employee's income. This amount may have to be computed using the conversion table included with the order.
- The agency to which the amount withheld must be sent.
- That the withholding of income must continue until:
- Further notice is received from the court or a child support agency; or
- The employee is terminated from employment.
When must income withholding begin?
Withholding must begin no later than the first pay period occurring within 14 days after the date the income withholding order was mailed, faxed, or personally served on the employer. The employer is then required to withhold and forward the proper amount each time the employee is paid.
What if an employer has more than one employee that has a child support order?
An employer with 50 or more employees and more than one employee has a child support order, is required to submit payments electronically to the Indiana Central Collection Unit (INSCCU). For more information, please visit Payment Processing and Income Withholding For Employers. Employers may also contact the Employer Maintenance Unit (EMU) for any questions concerning child support payments at (317) 232-0327 or (800) 292-0403 or at EMU@dcs.in.gov.
What is the maximum amount under the Consumer Credit Protection Act (CCPA) that may be withheld for child support each pay period from the employee's pay?
The permissible limit on withholding under the CCPA depends upon the employee's current dependents and prior support obligations. A "dependent" means there is a child (other than the child for whom child support is ordered) and/or spouse for whom the employee has financial responsibility. "In arrears" means the non-custodial parent owes past-due, unpaid support.
CCPA Limit Scenario
50% If the non-custodial parent has other dependents and owes no arrearage
or is less than 12 weeks in arrears.
55% If the non-custodial parent has other dependents and is over 12 weeks in
60% If the non-custodial parent has no other dependents and owes no arrearage
or is less than 12 weeks in arrears
65% If the non-custodial parent has no other dependents and is over 12 weeks
In most instances, the maximum percentage of disposable income earnings subject to withholding for the employee will be specified in the income withholding order (IWO). In the event that the IWO does not specify the applicable percentage to be withheld from the employee's pay, the employer may be required to obtain this information from the employee.
What are "disposable earnings"?
Disposable earnings, as defined under the CCPA, are the earnings left after all deductions required by law are taken from the employee's wages, which include amounts withheld for income taxes and social security. Amounts withheld from earnings at the request of the employee or through an agreement with a labor union (union dues) are included in disposable earnings because the law does not require these deductions. In determining the maximum amount subject to child support withholding, any garnishments presently being deducted are also included as disposable earnings.
An employee's gross wages for the week are $250.00. From this amount, the employer withholds $40.00 in federal, state, and local taxes; $20.00 in social security taxes; $10.00 in union dues; $50.00 for insurance and $5.00 for the United Way. The employee has no spouse or other dependent children other than the one whom the support has been ordered and is not more than 12 weeks behind in the payment of support.
The employee's disposable earnings for the week are $190.00. $250.00 less $60.00 with the $60.00 equaling the sum of federal, state, and local taxes plus social security. The maximum amount that may be withheld from the employee's check to comply with the child support withholding law is $114.00 (60% of $190.00).
What if the employee already has other assignments of garnishment on his or her income?
The CCPA establishes withholding limits for child support that are different from the limits established under the law for other garnishments. While the total amount withheld from the disposable earnings may never exceed the permissible percentage limit as set by the CCPA , child support withholding orders take priority over any other claim (secured or unsecured) on income except claims for current federal, state and local taxes. If, in complying with all child support withholding requirements, an employer has exceeded the 25% of disposable income limitation applicable to business garnishments under Indiana law and the CCPA, the business garnishment cannot be honored. If the income withholding order does not exceed the 25% limitation, the difference between what is withheld for child support and 25% of the employee's disposable income could be applied to a business garnishment.
An employee is subject to a child support order in the amount of $100.00 per week and also a business garnishment. If the disposable income is $500.00 per week, the child support obligation represents 20%. Because child support takes priority, the withholding of the full amount occurs first, leaving 5% of disposable income, or $25.00, which can be applied to the business garnishment. However, if the disposable income is $400.00 in this example, the child support obligation would represent 25% of disposable income and the business garnishment cannot be deducted from his pay.
When are lump sum payments subject to withholding for child support?
If an employee is entitled to a lump sum payment in the form of:
- Severance pay
- Accumulated sick pay
- Vacation pay
- Accumulated commissions
- Bonus payment
- Any other lump sum payment
AND owes an amount of child support that is in arrears, the employer must withhold for child support from the lump sum payment.
To comply with the law, employers are required to withhold the lesser of the following amounts, up to the maximum percentage of disposable earnings permitted to be withheld under the Consumer Credit Protection Act (CCPA):
- The amount of the arrearage; or
- If the lump sume represents payments to the employee for a specified period of time, the product of the weekly support obligation multiplied by the number of weeks represented by the lump sum payment
Instructions for determining the applicable CCPA withholding limit are contained in the income withholding order.
If the lump sum payment does not represent specific payment amounts over a specific number of weeks, the employee's existing arrearage must be withheld from the net lump sum, subject to the applicable CCPA withholding limit.
Example 1: Lump sum represents payment over a specified period of time
The employee receives a commission check representing sales commissions over a period of four (4) weeks. The weekly support obligation is $100 per week, and the net lump sum payment is $1,000.00. The employee’s arrearage is $2,000. Since the lump sum represents payments for a specific period of time (4 week), multiply the number of weeks by the support obligation (4 weeks x $100.00). The applicable CCPA withholding limit for this employee can be found on the income withholding order and is 55% ($1000 x 0.55 = $550). Since $400 does not exceed the CCPA withholding limit, the employer must withhold $400 from this lump sum payment.
Example 2: Lump sum does not represent payment over a specific period of time
The company’s net holiday bonus is $1,000.00 and is based on company performance. The employee’s arrearage is $2000. The applicable CCPA withholding limit for this employee can be found on the income withholding order and is 55%. Because the bonus is not representative of a certain amount per week calculation, the entire net lump sum is subject to withholding up to the employee's arrearage amount or the CCPA withholding limit, whichever is less. In this case the CCPA limit ($1000 x 0.55 = $550) is less than the arrears, so the Employer must withhold $550 from this lump sum payment.
The State of Indiana does not compute arrearages on cases that are not managed by local county Title IV-D prosecutor's offices. For these cases, unless the employer receives a court order specific to a case, no deduction of lump sums can be made. The employer may contact the Employer Maintenance Unit at email@example.com to find out if a case is a non-Title IV-D case or if there are arrearages on a specific case. For specific information about Indiana's law concerning lump sums, please reference IC 31-16-15-19.
How is it determined if a commission, in part or in whole, is subject to the lump sum law?
1) When the non-custodial parent is making a weekly established income that is not deducted from any commission (example: sales), then regular child support comes out of the weekly income and the commission payments must be deducted for arrearages up to the amount of the arrearage (if applicable), subject to Consumer Credit Protection Act (CCPA) limits.
2) When the non-custodial parent works for commission only, but is being paid a weekly income (advance or draw) that is deducted from the commission on a regular basis, then the weekly child support obligation must come out of the weekly income, subject to the CCPA limits. Then, when there is a positive balance at the end of the month, the only deduction from this balance is to deduct any remaining balance that could not be paid during the weekly checks in order to pay the full child support obligation that was due for that time period, subject to the CCPA limits. If there is no positive balance at the end of the month, the amounts unable to be paid are not continued on to the next month. This then becomes the non-custodial parent's responsibility.
3) When the non-custodial parent is making a commission other than monthly (such as a real estate agent), and earning no weekly pay, either one of the two methods below is followed:
a) If the commission can be broken down into how many weeks it took to earn the commission, only the number of weeks multiplied by the weekly child support obligation is deducted, subject to CCPA limits.
b) If the commission cannot be broken down into a number of weeks, the commission is subject to deduction up to the amount of the arrearage, subject to CCPA limits.
4) Collective Commissions: A collective commission is a portion of the premiums gathered on debt insurance, paid to the agent who collected them. This is treated like a bonus and subject to deduction up to the amount of the arrearage, subject to CCPA limits.
What if the lump sum is for back pay?
If the lump sum is for back pay, it should be treated like regular pay, i.e. the child support multiplied by the number of weeks. The only difference is that if the weekly child support obligation was already withheld for any of the weeks during that period of time, there would be no additional deductions If only a partial payment was made during this period of time, then the weekly obligation balance is due.
How do I prorate lump sums for multiple cases?
In order to determine what percentage of a lump sum payment applies to each case when there are multiple cases for one employee, the employee's arrearage amount for each case must first be determined. To do this, please contact the Employer Maintenance Unit at (800) 292-0403 or at firstname.lastname@example.org. Follow these steps and example to prorate for multiple cases:
1. Add together all of the non-custodial parent's arrearage amounts for each case. Separately, determine the percentage the amount is for each case of the total arrearages of the combined cases. Example: Case #1 arrearage ($1,258.00) divided by the total amount of arrearages for all cases ($15,757.43) equals 8%
|Case||Arrearage per Case||Percentage|
|Case #1 123456||$1,258.00||8%|
|Case #2 789012||$2,589.33||17%|
|Case #3 345678||$3,654.00||23%|
|Case #4 901234||$8,256.10||52%|
2. Separately, determine what amounts of the lump sum is to be paid on each case by multiplying the net lump sum (after required deductions) by the applicable Consumer Credit Protection Act (CCPA) withholding limit. The product is then multiplied by the percentage of each case. EXAMPLE: $1,000.00 multiplied by 55% (CCPA limit for these cases) equals $550. $550 multiplied by 8% for the case 1 percentage above equals $44.00.
|Case||Percentage||Amount per Case|
|Case #1 123456||.08||$80.00|
|Case #2 789012||.17||$170.00|
|Case #3 345678||.23||$230.00|
|Case #4 901234||.52||$520.00|
EMU can prorate lump sums for employers on request at the time of reporting a lump sum payout. Please contact the EMU at (800) 292-0403 or at email@example.com.
What if the income withholding order (IWO) received by the employer is for an individual who is considered an "independent contractor" for whom taxes are not deducted when the employer compensates the contractor for the contractor's services?
Employer payments to an independent contractor are subject to withholding in the same manner as employer payments to employees. The Consumer Credit Protection Act (CCPA) withholding limits apply to compensation paid for personal services, whether paid as wages, salary, commission, bonus, or otherwise.
What happens when the affected employee's employment is terminated, on leave of absence or is laid-off?
If an employee is terminated, on leave of absence or is laid-off, please contact the Employer Maintenance Unit (EMU) at firstname.lastname@example.org.
Is the employer entitled to a fee for the administrative costs of withholding?
Yes. At the employer's option, they may deduct a fee of $2.00 from the employee's pay each time income is withheld and forwarded to Indiana State Central Collection Unit (INSCCU). The assessment of this fee will not decrease the amount of income that must be submitted unless the total amount withheld would otherwise exceed the permissible limit.
Example 1: Total amount plus fee exceeds CCPA limit
If the income withholding order is for $115.00 per week and the maximum amount subject to withholding under the applicable CCPA limit is $115.00 per week, the employer may still deduct and retain a fee of $2.00 from the employee's pay, however, the employer then would only submit $113.00 for child support.
Example 2: Total amount of child support plus fee does not exceed CCPA limit
If the income withholding order is for $115.00 per week and the maximum amount subject to withholding under the applicable CCPA limit is $150.00 per week, the employer may still deduct and retain fee of $2.00 in addition to the $115.00 in child support from the employee's pay.
What is an Annual Support Fee?
The Annual Support Fee (ASFE) is a once-a-year administrative fee for processing child support payments. Employers may receive an income withholding order for an employee's annual support fee. The ASFE income withholding order does not change how or where employers send regular child support payments. The fee is considered part of the child support obligation, therefore, the Consumer Credit Protection Act (CCPA) withholding limit applies. As with child support withholding, employers may retain the $2.00 fee from the employee's wages.
Instructions for submitting the ASFE payment will be indicated on the withholding order. The ASFE payment may be paid via the Child Support Bureau's online payment system or sent electronically by electronic fund transfer (EFT). The ASFE payment can also be mailed via check with a copy of the withholding order attached and sent to:
Indiana State Central Collection Unit - ASFE
P.O. Box 6271
Indianapolis, IN 46206-6271
Note: This address is different from the address for regular child support payments,
Are there penalties for non-compliance or attempting to evade the requirement of this law?
Yes. The employer is liable for any amount it fails to withhold and submit pursuant to any child support withholding order. An affected applicant or employee may recover up to $5,000.00 from the employer in a civil action if the employer refuses to employ, discharges, or otherwise disciplines him or her because of the withholding requirement. The applicant or employee has a right to seek any form of legal redress that may be available to him or her because of the refusal to employ, discharge from employment, or disciplinary action.
What is the National Medical Support Notice (NMSN)?
The NMSN is a notice sent to employers from the child support agency. The NMSN is ordering you as an employer to enroll your employee’s child(ren) in your employer-provided health insurance coverage pursuant to a Qualified Medical Support Order (QMSO).
Its purpose is to ensure that children receive health care coverage when it is available and required as part of a child support order. It is designed to simplify the work of employers and plan administrators by providing uniform documents requesting health care coverage.
The NMSN/QMSO is divided into Part A and Part B. Part A is a Notice to Withhold for Health Care Coverage, the Employer's Response, and Instructions. Part B is a Medical Support Notice to the Plan Administrator, the Plan Administrator Response, and Instructions.
Payments deducted from an employee's pay pursuant to enrollment in health insurance pursuant to a NMSN/QMSO, are subject to Consumer Credit Protection Act
Child Support Arrears
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Child Support Arrears
Child support arrears refer to the amount of unpaid child support owed to a custodial parent, which is frequently an issue when the noncustodial parent moves and child support enforcement becomes an interstate issue. Whether the custodial parent, adult child, or the state receives the back pay depends on the circumstances surrounding the repayment.
What Are Assigned Child Support Arrears?
Assigned child support arrears are the unpaid support given to the state. In this situation, the custodial parent was on public assistance, and the child support payments reimburse the state for financially supporting the child.
For example, if a non-custodial parent owed $30,512 in back child support. The non-custodial parent starts making monthly payments which includes interest. Those payments would go to the state as repayment for the years the custodial parent was on public assistance.
The custodial parent would only receive payments from the arrears if the state was paid in full and there was money left.
What Are Unassigned Child Support Arrears?
This is back child support that goes directly to the custodial parent if they have never received state or federal public assistance. A custodial parent never on public assistance is entitled to all the money the non-custodial parent has not paid, although they can choose to waive their right to this money.
What About Back Child Support Owed before I Went on Public Assistance?
If a non-custodial parent was in arrears before the custodial parent received public assistance, that amount is given to the state. It is a temporary assignment because the state uses the money as a reimbursement for the parent currently receiving assistance.
After the custodial parent stops receiving public assistance, the temporary arrears assignment becomes conditional. The state only takes money from a conditional arrears assignment if the payment received is from an income tax refund.
What Is the Compromise of Arrears Program?
In certain child support cases, the law allows a non-custodial parent to pay less than the total child support if the custodial parent receives public assistance.
Should I Contact a Lawyer Regarding Child Support Arrears?
Yes. If you are owed back child support, you need to talk to a child support attorney. The attorney will advise you how to obtain the money, such as asking for a judgment of arrears from family court and filing a wage garnishment against the non-custodial parent.
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Last Modified: 12-28-2015 02:53 PM PSTLaw Library Disclaimer