Daily Archives: November 3, 2016

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Child Support Withholding

How to Understand An Order/Notice to Withhold Income

If you have received an “Order/Notice to Withhold Income for Child Support,” you must not disregard the document. This notice should be handled immediately as a Texas employer who knowingly fails to withhold court-ordered child support may be subject to a $200 fine for each pay period during which it failed to withhold income and remit child support to the appropriate agency. Additionally,  under Section 158.206 of the Texas Family Code, the employer who complies with the Order/Notice is not liable to the employee. However, as an employer it is imperative that you check your payroll records because Texas law mandates that you may not withhold more than 50% of your employee’s “disposable earnings.” Disposable earnings are the part that remains after mandatory deductions for medicare, federal income taxes, social security, union dues, nondiscretionary retirement contributions, and medical/hospitalization/disability insurance coverage for the employee and the employee’s children. There is a possibility that the Order/Notice could incorrectly exceed that amount and in that case seek guidance from your trusted family law attorney or another professional in human resources. Additionally, issues holding up a withholding order does not absolve the obligee from their responsibility to pay in the meantime. It is ultimately the […]