Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If a child support order exists, a local
child support agency shall serve an income withholding order on an obligor's
employer, unless a court has ordered that service be stayed. The income
withholding order shall specify the following amounts, as applicable, to be
withheld from the obligor's disposable earnings whether for child, family,
spousal, and/or medical support:
(1) The
amount(s) of current support specified in the most recent support
order.
(2) The amount specified in
the court order to be withheld for the liquidation of any support
arrearage.
(3) An amount to be
withheld for the liquidation of any support arrearage, if no amount(s) of
payment toward any arrearage is specified in the court order, or additional
arrears have accrued after the date of a court order for support. If both
current support and arrearages exist, the amount to be withheld from salary or
wages towards the liquidation of arrearages shall not exceed 25 percent of the
current support order, or when combined with the current support amount, the
maximum amount withheld cannot exceed 50 percent of the obligor's disposable
earnings.
(A) In addition to the amount
specified in (a)(3) above, when an obligor's current support obligation for a
child terminates by operation of law but an arrearage balance exists, the local
child support agency shall serve an amended income withholding order on the
obligor's employer within 30 days that provides for a monthly payment that is
equal to the current support payment that has terminated for each child, to be
applied towards the liquidation of arrearages not to exceed the maximum amount
withheld cannot exceed 50 percent of the obligor's disposable
earnings.
(B) An income withholding
order issued by a local child support agency for the liquidation of arrearages,
shall not exceed five percent of a disabled obligor's total monthly Social
Security Disability Insurance (SSDI) benefits pursuant to Title II of the
Social Security Act, if the obligor provides the local child support agency
with proof that the obligor meets the Supplemental Security Income (SSI)
resource test and is receiving SSI/State Supplementary Program (SSP) benefits
and/or SSDI, or, but for excess income, would be eligible to receive SSI/SSP.
Proof that the obligor is otherwise eligible for SSI/SSP, but for excess
income, includes SSDI check stubs and self-certification by the obligor
declaring under penalty of perjury that the obligor meets the SSI resource
limits.
(b)
In addition to the original income withholding order served on an employer, a
local child support agency also shall serve, the following on the obligor's
employer to deliver to the obligor:
(1) A
second copy of the income withholding order.
(2) A blank request for hearing regarding
wage and earnings assignment, and the information sheet for a request for
hearing regarding wage and earnings assignment.
(c) An income withholding order and the
documents specified in subsection (b) shall be served on an obligor's employer:
(1) Within 15 days of any of the following:
(A) The date the support order is received by
the local child support agency, if the address of the obligor's employer is
known on that date.
(B) The date
the obligor's employer is located. If the obligor's employer is located through
the State Directory of New Hires, the income withholding order shall be served
within the timeframe specified in subparagraph (2), below.
(C) The date the local child support agency
opens a case, if the address of the obligor's employer is known on that date
and the support order was entered prior to case opening, and the local child
support agency confirms the existence of the court order. The local child
support agency shall take appropriate action to confirm the existence of the
court order within 10 days of opening the case.
(D) The date information is received from the
Independent Contractor Registry.
(E) The date the support order is registered
by the local child support agency in California pursuant to Section
117503 and the employer is
known.
(2) Within two
business days after the date information regarding a newly hired employee is
entered into the State Directory of New Hires.
(d) Service on an employer of the documents
specified in subsections (a) and (b) may be made by either:
(1) Electronic means, such as fax or
email.
(2) First class or express
mail.
Note: Authority cited: Sections
17306,
17310 and
17312, Family
Code. Reference: Sections
5206,
5232 and
5246, Family
Code; 15 United States Code,
Section 1673(b);
42 United States Code,
Sections 653 and
666; and 45 Code of Federal
Regulations, Section 303.100.
Note: Authority cited: Sections
17306,
17310 and
17312, Family
Code. Reference: Sections
5206,
5232 and
5246, Family
Code; 15, United States Code, Section 1673(b);
42 United States Code,
Sections 653a(g),
666(a)(8)
and (b); and 45 Code of Federal Regulations,
Section 303.100.
