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Deduction for child support

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TinkerBelleLuvr

Senior Member
What is the name of your state (only U.S. law)? Florida

We are the employer and I am trying to figure out how to split a child support deducted monies between two orders when insufficient amounts can be deducted to even cover one of the orders.

Week one, I was able to deduct $51.05; week two, I was able to deduct $68.62.

The order was for $165.86 per week. California's withholding order allows for a maximum of 50% on net.

Now, I have a second order from the state of Ohio that says for me to deduct $72.06 per week, with a maximum of 65% of net.

As you can see, I have a little problem here.

I will go ahead and get the 65% here, but, how do I divvy up the deducted amount between the two court orders?

I had the young man order the paperwork from California to reduce his support order. I'll help with the Ohio paperwork. In the meantime, I'm stuck.
 


pattytx

Senior Member
Every state can set their own rules about how to allocate support between multiple orders, but they're usually all from the same state. Having two orders from two different states certainly complicates matters. However, since the Ohio order is the last in, I'd call them first and tell them about the California order and see what they say.
 

SIN EATER

Member
You're a Florida company; use Fla law.

California & Ohio are using 'long-arm' jurisdiction to deduct from his wages, but Florida law should prevail as to how you proceed.
There may be different %s allowed, according to whether there are any arrears being repaid.
No one is likely to complain; but your employee may later feel you mishandled his wages.
 
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SIN EATER

Member
Multiple Income-Withholding Orders - Same Employee and Different Children
Federal regulations require that some money must be paid to each order for current support if there is more than one withholding order (for different situation of the same employee). In addition, states have enacted laws specifying the method for allocating money toward current support due for each order. Thus, some money must be allocated toward all current support orders. The orders should not be paid on a "first come, first served" basis.

Not Enough Money to Withhold Full Ordered Amount
If there is enough allowable disposable income to pay multiple orders, the employer should pay the full amount of current support due for each order. Sometimes an employee's earnings do not stretch far enough to pay all his or her obligations. If there is not enough allowable disposable income, the allocation method of the employee's principal state of employment must be followed to determine how much to pay to each order. Most states use one of two methods to allocate withheld payments among multiple withholding orders:

Prorate by allocating a percentage to each order based on the total dollar amount of current support ordered, or
Share equally by dividing the allowable disposable income by the total number of orders.
Example:


Order A current support owed: $ 90/month
Arrears owed: $ 15/month
Order B current support owed: $ 75/month
Order C current support owed: $ 62/month
Employee's disposable income: $300/month
Assume allowable disposable income is $180.
Withholding:

Total current support owed: $227/month
Total arrears owed: $ 15/month
There is not enough allowable disposable income ($180) to withhold the entire amount of current support due for all these orders ($227). Nothing can be withheld to satisfy the arrearage.
Allocation Methods:

Most states use one of two methods to allocate withheld payments among multiple withholding orders:

Allocate a percentage to each order based on the total dollar amount of current support orders.
Add total current support due on all withholding orders.
Divide each order's current support due by the total of all orders to figure each order's percentage of total.
Withhold the percentage of allowable disposable income for each order.
Order A
Order B
Order C
Total $90.00 ÷ 227 = 39.65%
$75.00 ÷ 227 = 33.04%
$62.00 ÷ 227 = 27.31%
$227.00

Allowable disposable income (maximum that may be withheld): $180

Order A
Order B
Order C
Total withheld $180 x 39.65% = $71.37
$180 x 33.04% = $59.47
$180 x 27.31% = $49.16
$180.00


Divide the allowable disposable income by the total number of orders.

Allowable disposable income (maximum that may be withheld): $180
3 orders for the same employee (Orders A, B and C)
180 ÷ 3 = $60 paid to each order

Tinker: The Office of Child Support Enforcement handles interstate issues, and includes the above info on their website.
 

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