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Wage Withholding

The Family Support Act of 1988 requires that child support payments be withheld from a noncustodial parent’s paycheck from the time that the child support is ordered. The noncustodial parent's earnings will be withheld unless he/she can 1) show good cause why it should not be done or 2) has an alternate arrangement with our offices and the custodial parent. (Good cause and alternative arrangements concerning earning assignments are specified in California Family Code Section 5260).

The employer of the noncustodial parent/obligor is served with a court order or notice to withhold a specified amount of current support and back child support, with instructions to send the wages to our office for distribution. The assignment becomes effective as soon as possible, but not later than 10 days from the date you receive it. Once a wage assignment is served, the employer must honor it as long as the noncustodial parent remains employed with the employer. Earnings and income must be withheld from each payment and your check sent within 10 days.

Requirements

Liability

If you willfully fail to withhold and forward support, you may be personally liable for the amount of support not withheld, and you may be held in contempt of court. You may, however, deduct up to $1.50 from the obligor’s earnings for each payment that you make.

Anti-discrimination

California law forbids you from discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee because of a child support withholding.

Termination notification

California Family Code Section 5260 requires that the employer cooperate with and provide relevant employment information to our offices for the purpose of enforcing, modifying, or establishing the support obligation. If the employee/independent contractor whose name appears on the assignment terminates his/her employment or business relationship, you must notify our office immediately so that proper action can be taken to relieve your obligation to deduct the payments. Please provide our office with the following information:

  • Employee’s/Obligor’s Name
  • Employee’s Case Identifier
  • Last Known Home Address
  • New Employer’s Address
  • Date Of Separation

Amount to Withhold

Earnings

Earnings for purposes of a wage assignment include: 1) wages, salary, bonuses, vacation pay, retirement pay, and commissions paid by an employer; 2) payments for services of independent contractors; 3) dividends, interest, rents, royalties, and residuals; 4) patent rights, and mineral or other natural resource rights; 5) any payments due as a result of written or oral contracts for services or sales, regardless of title; 6) payments due for workers' compensation temporary benefits, or payments from a disability or health insurance policy or program; and 7) any other payments or credits due regardless of source. You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay.

Priority

The wage assignment order has priority over any other withholding order against the employee/obligor. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect, please contact our office.

Withholding Limits

You may not withhold more than the lesser of: 1) the amounts allowed by the  Federal Consumer Credit Protection Act (15 U.S.C. § 1673(b)); or 2) the amounts allowed by the State of the employee/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes; along with disability insurance and payments to public employees' retirement systems. After the employee's disposable earnings are known, withhold the amount required by the wage assignment, but never withhold more than 50 percent of disposable earnings unless the court order specifies a higher percentage. Federal law prohibits withholding more than 65 percent of disposable earnings of an employee in any case.

Payments

Pay Date/Date of Withholding

You must report the pay date/date of withholding when sending a payment. This is the date on which the amount was withheld from the employee’s wages. If the employee/independent contractor is paid biweekly, you must withhold payment from the first two pay dates of each month; or, if paid weekly, the first four pay dates of each month.

Combined Payment for Multiple Assignments

If you have more than one assignment order from our office, you may combine withheld amounts from more than one employee’s income in a single payment. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. Please include each employee’s Full Name, Member ID#, Social Security Number, and the Pay Date.

Combined Payment for an Employee with Multiple Withholdings

If an employee has more than one assignment order to our office, you may combine the withheld amounts pertaining to each order and write one single check -- no need to provide breakdown of each order. If you are unable to honor all wage assignments due to Federal or State withholding limits, you must follow the state law of the employee’s principal place of employment. You must honor all assignment orders to the greatest extent possible.

FREE Virtual Workshop: Debt Reduction Program 💵- New!!

Learn how you can reduce your child support debt!!!

RivCoDCSS is hosting a FREE Virtual Workshop. Join us live, August 19th, 2021, at 10:00 am!

We will provide up-to-date information regarding child support services and programs impacted by COVID-19 and we are featuring the new Debt Reduction Program and will share who may qualify and how to apply!

Thursday, August 19th, 2021 - Live at 10:00 am

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FREE Virtual Workshop: Featuring Supervisor Chuck Washington's 3rd District Staff!

Learn how the Supervisors Office can assist you with the helpful resources they offer!

RivCoDCSS is hosting a FREE Virtual Workshop. Join us live, August 4th, 2021, at 10:00 am!

We will provide up-to-date information regarding child support services and programs impacted by COVID-19 and we are featuring the Supervisor Chuck Washingtons Staff who will share the many resources offered by his office to constituents!

Wednesday, August 4th, 2021 - Live at 10:00 am

 

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Coffee Break Podcast S3:E8 | RCOE Language and Literacy

Special Guest Dr Molly McCabe from Riverside County Office of Education

Join us on this coffee break podcast and meet Dr. Molly McCabe, from the Riverside County Office of Education, as she shares with us the importance of fostering language and literacy in our children. Don't miss out on the amazing information and resources mentioned. Click on the article's title and find out more!

Wednesday, July 21, 2021/Author: Waldir/Number of views (212)/Comments (0)/ Article rating: No rating
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💵Was your SBA small business loan denied due to Child Support? Call Us!

If you have received a notice from the U.S. Small Business Administration (SBA) denying your request for a small business loan because of child support delinquency and believe this to be in error, please contact our office at 1-866-901-3212. 

Thursday, July 8, 2021/Author: Waldir/Number of views (239)/Comments (0)/ Article rating: 4.0
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🟤🟤Double Espresso Shot S3:E7- County Supervisor Chuck Washington

Meet District 3's County Supervisor!

Welcome to Season 3 Episode 7 of Riverside County Department of Child Support Services Coffee Break Podcast with our Host Nathan Hartel, Deputy Director of Programs and Operations “all things related to child support and more”. Enjoy this episode with our Special Guest Supervisor Chuck Washington from the 3rd District of Riverside County. Supervisor Washington will discuss what is going on in District 3, Riverside County, what is his role, and how he got to where he is today.  This episode is a "Double Espresso Shot”, just a little bit longer than a single espresso shot, and packing an even greater punch, it is rich, and it is definitely full! Don't miss out on this exciting episode! 

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☕🥄 Coffee Break Podcast: Diversity, Unconscious Bias, and Inclusion!

with special guest Sahar Andrade of Sahar Consulting LLC

Welcome to RivCoDCSS Season 3 Episode 6 Coffee Break Podcast. Diversity, Unconscious Bias, and Inclusion – a Conversation between RivCoDCSS and Sahar Andrade with Host Nathan Hartel, Deputy Director of Programs and Operations. Tune in and learn about this timeless and relevant topic and how this relates to child support, because at the core of our mission, as a public service agency is you our customer. Sahat explores expectations from both the agency and the public. 

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🏤RivCo DCSS Serving in our community @ Mecca FRC 8am-4:30pm

Mecca Community Family Resource Center: Every Wednesday 8am-4:30pm

Did you know we come to your community and assist with child support services? We will provide up-to-date on-site case assistance. If you have specific questions about your case or if you want to inquire about opening a case, come by and visit us! We are here to better serve you! 

 

9/30/2021 8:00 AM - 4:30 PM/Author: Waldir/Number of views (1176)/Comments (0)/ Article rating: No rating
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🏤RivCo DCSS Serving in our community @ Desert Hot Springs FRC 8am-4:30pm

Desert Hot Springs Family Resource Center: Every Wednesday 8am-4:30pm

Did you know we come to your community and assist with child support services? We will provide up-to-date on-site case assistance. If you have specific questions about your case or if you want to inquire about opening a case, come by and visit us! We are here to better serve you! 

9/29/2021 8:00 AM - 4:30 PM/Author: Waldir/Number of views (1165)/Comments (0)/ Article rating: No rating
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☕ A Coffee Break Podcast you dont want to miss! Timeshare, Custody & visitation!!

With Special guests Paola Castro Lead Deputy Attorney & also Family Law Facilitators

Welcome to RivCoDCSS Season 3 Episode 5 Coffee Break Podcast and “all things child support” with Host Nathan Hartel, Deputy Director of Programs and Operations. Our Special Guest today is Paola Castro, Lead Deputy Child Support Attorney, IV-S, and Family Law Facilitators, from the Riverside County Superior Court. The focus of this podcast is timeshare and custody. We will hear about what is the true connection between, custody, visitation, and timeshare in the world of Child Support. You don't want to miss this podcast, rich and frothy with key details about one of the most frequently asked topics. So sit back! grab your coffee or favorite drink and enjoy this coffee break podcast. Listen directly by clicking on this link: https://youtu.be/E36n20C6P60

Click this title for even more details!!

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