(a) Except as
provided in
15 AAC 125.572, if an employer
receives multiple orders from the agency to withhold income for an employee who
is the obligor under the multiple orders but for different obligees, the
employer shall withhold from the obligor's income an amount determined by
adding together the withholding amounts required by each of the orders, but not
to exceed an amount equal to the percentage of the obligor's disposable
earnings set out in
15 AAC 125.540(c)
unless the agency has found good cause under
15 AAC 125.540 to increase the
percentage amount to be withheld. If the amount to be withheld under the
multiple orders exceeds the percentage amount required to be withheld by the
agency under
15 AAC 125.540, the employer shall
withhold and deliver, in the following order of priority:
(1) first, to the agency the amounts required
to satisfy the monthly child support and spousal support obligation for the
month in which the withholding occurs for each of the support orders subject to
withholding;
(2) second, to the
appropriate group health plan the amounts necessary to provide coverage for the
children as required by each of the support orders subject to withholding for
medical coverage; and
(3) third, to
the agency the amounts required to satisfy the past-due child and spousal
support obligations, interest, and fees, as provided in the income withholding
orders.
(b) Except as
provided in
15 AAC 125.572, if the orders to
withhold and deliver have been issued by two or more tribunals, the employer
shall apply the following formula to determine the amounts that the employer
shall withhold and deliver under each order:
(1) the employer shall calculate the amount
of the employee's total ongoing child support obligation by adding together the
ongoing monthly child support amount required by each of the orders;
(2) the employer shall determine the
employee's allowable withholding amount; to make the calculation, the employer
shall multiply the employee's disposable earnings for the pay period in
question by the applicable percentage in
15 AAC 125.540(c)
unless the agency has found good cause under
15 AAC 125.540 to increase the
amount to be withheld to an amount that exceeds the percentage under
15 AAC
125.540(c);
(3) if the amount of the employee's total
ongoing child support obligation, as calculated under (1) of this subsection,
is
(A) greater than the employee's allowable
withholding amount, as calculated under (2) of this subsection, the employer
shall allocate the amount withheld to each order based on the percentage that
the employee's ongoing monthly child support amount under each order bears to
the amount of the employee's total ongoing child support obligation, and shall
deliver to the appropriate tribunal the amount of the allocation; and
(B) less than the employee's allowable
withholding amount, as calculated under (2) of this subsection, the employer
shall first satisfy the employee's ongoing child support obligation under each
order for the month in which the withholding occurs; the employer shall next
calculate the employee's total ongoing spousal support obligation by adding
together the ongoing monthly spousal support amount required by each of the
orders;
(4) if the
amount of the employee's total ongoing spousal support obligation, as
calculated under (3)(B) of this subsection, is
(A) greater than the remaining allowable
withholding amount after satisfaction of child support obligations in
accordance with (3)(B) of this subsection, the employer shall allocate the
amount withheld to each order based on the percentage that the employee's
ongoing monthly spousal support amount under each order bears to the amount of
the employee's total ongoing spousal support obligation, and shall deliver to
the appropriate tribunal the amount of the allocation; and
(B) less than the remaining allowable
withholding amount after satisfaction of child support obligations in
accordance with (3)(B) of this subsection, the employer shall first satisfy the
employee's ongoing spousal support obligation under each order for the month in
which the withholding occurs; the employer shall next calculate the amount
necessary to provide medical coverage for the children as required by each of
the support orders subject to withholding for medical coverage;
(5) if the medical coverage
amount, as calculated under (4)(B) of this subsection, is
(A) less than the remaining allowable
withholding amount after satisfaction of spousal support obligations in
accordance with (4)(B) of this subsection, the employer shall withhold and
deliver to the appropriate group health plan the medical coverage amount; after
satisfaction of the medical coverage amount, the employer shall divide the
remaining allowable withholding amount in accordance with (B) of this
paragraph; and
(B) greater than the
remaining allowable withholding amount after satisfaction of spousal support
obligations in accordance with (4)(B) or this subsection, the employer may not
withhold for medical coverage; the employer shall divide the remaining
allowable withholding amount equally among all orders for payment of arrears,
interest, and fees, but not to exceed the total withholding required by each
withholding order; the employer will deliver to each tribunal the amount
allocated to that tribunal's order under this subparagraph.