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 EMPLOYER
GUIDE &
FREQUENTLY ASKED QUESTIONS & ANSWERS
Employers are invaluable partners who
contribute immensely to successful child support enforcement. On behalf of
Siskiyou Modoc Regional Department of Child Support Services and the state
of California, we thank you for your outstanding cooperation with our
efforts to promote the well-being of children and families that we serve.
The
Federal Office of Child Support Enforcement
has more information and resources for employers.
 Income Withholding and
Medical Support
The Siskiyou Modoc Regional
Department of Child Support Services (DCSS) is mandated by
State and Federal regulations to obtain a court order for
income assignment and medical support. Additionally, the
DCSS must proceed with various enforcement actions when a
court order is obtained.
Cover Letter & Order
A cover letter from the DCSS identifying
the employee by name and social security number (if known) as well as
instructions regarding wage assignment remittances is sent to employers.
Included with the cover letter is an Order/Notice to Withhold Income for
Child Support for the employee. The Order/Notice tells the employer how much
to withhold from the employee’s earnings for either current support,
delinquent support (arrears) or both. It tells the employer where and how to
send payments and explains an employer’s rights under California law. The
employer must provide the DCSS with the case number, the employee’s name and
withholding dates, in order for the DCSS to properly post the payment.
Withholding
It is the responsibility of the employer
to provide the employee with a copy of the Order/Notice to Withhold and the
blank Request for Hearing (Form FL-450 for California employers only) within
10 days of the employer’s receipt of the assignment. Employers must begin to
withhold money from the employee’s net earnings no later than 7 days after
receiving the Order/Notice.
Employee Dependent Health Insurance
Within 10 days of being served with a
National Medical support Notice (NMSN), the employer must provide the
employee with a copy of the order and begin or maintain health insurance
coverage of the employee’s dependents named on the order if health insurance
is available. The cost of the premiums are to be deducted from the earnings
of the employee. If no health coverage is available, the Employer Response
coverage (on the reverse of the NMSN) must be completed, signed and mailed
within 20 business days to the DCSS.
QUESTIONS AND ANSWERS
QUESTION:
What earnings are subject to assignment?
ANSWER: - wages, salary, bonuses, vacation pay,
retirement pay, and commissions paid by an employer;
- payments for services of independent
contractors;
- dividends, interest, rents, royalties,
and residuals;
- patent rights and mineral or other
natural resource rights;
- any payments due as a result of written
or oral contracts for services or sales, regardless of title;
- payments due for workers compensation
temporary benefits, or payments from a disability or health insurance policy or program; and
- any other payments or credits due
regardless of source.
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QUESTION:
What if the employee doesn’t earn enough to cover the assignment?
ANSWER:
Disposable earnings are different from gross pay or take-home pay.
Disposable earnings are the earnings left after subtracting the money that
state or federal law requires an employer to withhold. Generally these
required deductions are (1) federal income tax, (2)social security, (3)state
income tax, (4)state disability insurance, and (5)mandatory payments to
public employees’ retirement systems. After the Obligor’s disposable
earnings are known, withhold the amount required by the Notice, but never
withhold more than 50 percent of the disposable earnings unless the court
order specifies a higher percentage. Federal law prohibits withholding more
than 65 % of disposable earnings of an employee in any case.
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QUESTION:
When do I have to send the money to DCSS?
ANSWER:
The assignment is effective upon receipt. The law requires that the employer
shall send the amounts withheld to DCSS within 7 days of the date the employee is paid.
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QUESTION:
What happens if I don’t withhold the money from the employee’s earnings or
don’t send the money to DCSS?
ANSWER:
An employer who willfully fails to withhold and forward support pursuant to
a currently valid assignment is liable to the Obligee for the amount of
support not withheld, forwarded, or otherwise paid. Failure to comply may
result in a civil or criminal contempt action, fines and mandatory payment
by EFT from the employer’s bank account.
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QUESTION:
I can’t process the assignment. It’s easier to terminate the employee. If I do,
can I get in trouble?
ANSWER:
California law prohibits you from firing, refusing to hire, or taking any
disciplinary action against any employee ordered to pay support through a
wage and earnings assignment. Such action can lead to a $500 civil penalty
per employee.
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QUESTION:
My employee says not to withhold, that he or she has worked this out with
DCSS. Am I still
required to withhold and forward the money to DCSS?
ANSWER: Yes, until you receive a clear request from
DCSS
to stop.
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QUESTION:
How do I know when to stop the withholding?
ANSWER: The assignment remains in effect until you
receive written notification from DCSS of any changes to or termination of the assignment.
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QUESTION:
I have two wage assignments from two different counties for the same employee. Does one
take priority? Which do I pay first?
ANSWER:
First, add together the amount of support due for each assignment. If 50% of
the Obligor’s net disposable earnings will not pay the full amount of the
assignments for support, prorate the earnings first among both of the
current support assignments in the same proportion that each assignments
bears to the total current support owed. Apply any remainder to the
assignments for arrearage support in the same proportion that each
assignments bears to the total arrearage owed. If you have any questions,
please contact DCSS.
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QUESTION:
What if the employee is laid off or no longer working?
ANSWER:
If the employee is no longer in your employ, you are obligated to notify the
DCSS of that fact at the time the next payment would be due on the
assignment. Should the employee become temporarily unemployed, the Earnings
Assignment will remain in effect, and your obligation to deduct and forward
support will resume on the day the employee is reinstated or rehired.
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QUESTION:
What information am I required to provide to the DCSS?
ANSWER: If
an employee is laid off or no longer working, an employer must provide the
DCSS with the employee’s last-known address, as well as the name and address
of the new employer, if known. Employers are required to cooperate with and
to provide relevant employment information to the DCSS for the purpose of
enforcing support obligations. A failure to cooperate could result in the
assessment of a civil penalty against the employer.
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QUESTION:
Is there an assignment because the employee wouldn’t pay child support voluntarily?
ANSWER: No. The Earnings Assignment is a payroll
deduction which is legally required in all cases handled by the DCSS. It does not imply any
wrongdoing or negligence on the part of the employee, and the employee has no choice in
its’ implementation.
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QUESTION:
How do I make out the check?
ANSWER: Make your check payable to the
Siskiyou Modoc Regional DCSS. You must indicate the employee’s name, social security number, the DCSS 7 digit file number (beginning with 00) and the date the employee
was paid. Without this information, there will be a delay in posting the payment to the
correct account.
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QUESTION:
Can I send one check for several employees?
ANSWER: You may use a consolidated check provided that
all information, including the withheld amount, is provided for each employee.
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QUESTION:
How does the employee learn about the assignment?
ANSWER: The employer is required to provide a copy of
the assignment to the employee within 10 days of receipt. The DCSS encloses one copy for
the employer to provide to the employee.
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QUESTION:
What rights does the employee have to contest the assignment?
ANSWER:
The employee’s copy, provided by the DCSS to the employer for service,
includes a form called "Request for Hearing Regarding Earnings Assignment."
The forms include instructions on how to complete the form so the employee
can have a court hearing to determine if the assignment is appropriate.
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QUESTION:
What if the employee has other assignments or garnishments?
ANSWER:
Except for a IRS tax levy entered before the support order was established,
an Earnings Assignment for child support has priority over any other
attachment, garnishment, writ of execution, or assignment absent a specific
order from the Superior Court. Child support is paid first.
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QUESTION:
How soon after the employer receives a National Medical Support Notice (NMSN) does
that employer have to enroll a child in a health insurance plan?
ANSWER:
An employer has 40 business days from the date on the Notice to take
steps to commence coverage and provide coverage information to the DCSS.
Also, laws require that an employer or insurer shall permit the parent to
enroll under health insurance coverage any child without regard to any
enrollment period restrictions, when that parent is required to provide
coverage for the child(ren).
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QUESTION:
What if the employer does not provide health insurance for its employees?
ANSWER:
It is the responsibility of the employee to procure other health insurance
for a child if the employer does not provide health insurance benefits for
its employees.
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QUESTION:
Does an employer have to respond to a coverage assignment even if they do not provide
coverage for their employee’s dependents?
ANSWER: Yes.
The employer must return the Employer Response form within 20 days to the DCSS. In addition, the law states the liability for willful failure to
comply with assignment could result in the employer’s liability for the
amount incurred in health care services that would otherwise have been
covered under the insurance policy.
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QUESTION:
What if the health insurance coverage does not service the area where the child lives?
ANSWER:
If the employee is unable to procure other health insurance in the area
where the child resides, the employer may still have to enroll the child.
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QUESTION:
What if the noncustodial parent does not agree that the cost of health insurance is
reasonable?
ANSWER: Current laws state that an obligor may go to
court to terminate the NMSN if the amount of the premium can be considered unreasonable.
Only the court can make that decision.
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QUESTION:
Is the cost of the health insurance coverage included in the amount of the child support
ordered?
ANSWER: No. The cost of health insurance is in
addition to the child support amount ordered.
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QUESTION:
Can an employer fire an employee if they have to provide insurance for a child?
ANSWER: No - it’s illegal.
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QUESTION:
When does a NMSN terminate?
ANSWER: An employer
may not terminate any coverage
until it receives a written notice from the DCSS.
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QUESTION:
Where can I get more information about assignments?
ANSWER: Call your State Child Support Enforcement
Agency first. In California, the address is:
- CA Department of Child Support Services
- PO Box 419064
- Rancho Cordova, CA
95741-9064
- (916) 464-5050
Or you may write or call the Federal
Office of Child Support Enforcement (OCSE) at:
- Administration for Children and Families
- Department of Health and Human Services
- 370 L’Enfant Promenade S.W.
- Washington D.C. 20447
- (202) 401-9373
Or you may contact the Federal Office of
Child Support Enforcement at the address below or view their
Employer Services website.
The Siskiyou Modoc DCSS provides a
toll-free employer only hotline for employers with Siskiyou cases. This
number is provided with the Notice and Order to Withhold, or may be obtained
by Contacting Us.
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Click Here
for Printable Version
Contact Siskiyou Modoc Regional
Department of Child Support Services
Yreka Office: 1215 S. Main St., Yreka, CA 96097, Phone: 1-866-901-3212
Modoc Office: 1030 N. Main St., Alturas, CA 96101, Phone 1-866-901-3212 |
