Can Child Support Payments Be Automatically Deducted From a Parent's Paycheck?

If you are having trouble getting child support payments, you can seek a court order or assistance from a child support agency to withhold money from the other parent’s paycheck. Wage garnishment withholds income before it goes to the employee. When an employer gets an income withholding order, they must make the required deductions. The state child support agency then distributes the money to the custodial parent.

Child support deductions are intended to be automatic after the family law judge issues an income withholding order, though there may be administrative delays. For legal advice about automatic child support deductions, talk to a child support attorney.

Understanding Automatic Paycheck Deductions for Child Support

The family court determines how much the noncustodial parent pays in child support. Child support calculations are based on several factors. Factors for child support obligations include the parent’s income and number of children. The custodial parents can get payments directly from the other parent. However, when the parent does not make regular payments or falls behind on past-due child support, the custodial parent can take enforcement action.

The most common option for child support enforcement is garnishing their wages. If the paying parent isn’t working, other enforcement options include:

• Levy their bank account
• Put a lien on property
• Intercept income tax refunds
• Withholding from Social Security or public assistance benefits
• Suspended driver’s license

How Wage Garnishment Works

A parent’s child support obligation can be automatically deducted from their paycheck through wage garnishment. A child support enforcement agency can issue an order to deduct support payments from the noncustodial parent’s paycheck. The parent’s employer gets a copy of an income withholding order and has to begin making automatic paycheck deductions.

The child support amount generally goes to a state disbursement unit or child support services. The disbursement unit then sends the money to the parent. An income withholding order will stay in place unless a judge puts a hold on the withholding order.

If the parent is self-employed, they don’t have a regular employer paying wages. Self-employed parents have to pay the amount of child support directly to the parent or state agency. If they don’t pay the full amount of support, the local child support agency can take other enforcement actions.

What If the Parent Does Not Want Wage Garnishment?

The employer is legally obligated to follow the garnishment order for child support. Even if the garnishment order is from another state, the parent’s employer must follow the order. The employer can face penalties and fines for violating the garnishment order.

If you disagree with the income withholding, you can schedule a court hearing to dispute the wage order. You can object when the amount you owe is incorrect, you won’t have enough to live on, or there is a change in child custody and parenting time. If you have a new child support agreement, you may need to seek a court modification to put a hold on an income withholding order.

Wage Garnishment Limitations

State and federal laws limit the maximum amount of income withholding. Under federal law, the Consumer Credit Protection Act (CCPA) caps the amount of money garnished for child support or alimony. If the parent is supporting another child or spouse, they can have up to 50% of their disposable earnings garnished for child support. If they are not supporting another child or spouse, the court can garnish up to 60% of their earnings.

If the parent is more than 12 weeks in arrears, the court can garnish an additional 5% to apply to arrearages. State law may have additional restrictions on child support withholdings. Talk to your child support attorney to find out about wage garnishment in your state.

How Long Employers Have to Start Wage Withholding

The amount of time employers have to start making withholdings depends on state law. State law provides a time limit from when the employer gets notice of the wage withholding order to start making deductions.

Child Support and Other Garnishment Orders

A child support order takes precedence over other garnishment orders. If a parent has an unpaid credit card bill, the credit card company’s garnishment order will come second in line with your child support order. In other words, garnishment goes to child support before other garnishment orders.

Legal Help With Paycheck Deductions for Child Support

If you are not getting the total amount of child support from the other parent, an attorney can file a court order to start income withholdings. Paycheck deductions make sure you get some money every month while the other parent is working. For information about your child support enforcement options, talk to a local child support lawyer.