Employer FAQs

Explain that until otherwise notified you must comply with the terms of the income withholding order as issued. If the employee disagrees with the withholding amount, they should contact the New Jersey Family Support Services Center (NJFSSC) at 1-877-NJKiDS1. 

The withholding must continue until the child support agency notifies you to stop the withholding.

Yes, commission may be garnished.

Yes, an additional amount above the CCPA may be withheld. If you choose not to honor the request the employee may send any additional payment to the New Jersey Family Support Payment Center (NJFSPC).

Employers that do not comply with the withholding order are subject to penalties. These may include the amount of unpaid child support plus penalties and fines. 

Continue to withhold through the employee’s final paycheck and inform the state child support agency promptly of the employee’s termination.

Yes, there are federal limits for child support withholding in the Consumer Credit Protection Act (CCPA) Garnishment Law. The limits are based on the employee’s disposable earnings. The percentage range is provided on page two of the IWO.

Under the Uniform Interstate Family Support Act (UIFSA), employers must comply with the law of the issuing state regarding:

• duration and amount of current support payment;
• payment address;
• medical support, either as cash payments or insurance coverage available from employment;
• amount of payments for fees and costs of the child support agency, issuing tribunal, or attorney; and
• arrears payment amounts and interest on those arrears.
   

UIFSA also adds that the state law of the obligor’s “principal place of employment” addresses the:

• employer’s fee for processing the IWO,
• maximum amount to be withheld from income (including lump sums if included in the state’s definition of income),
• time frames for the employer to implement and remit the payments,
• the priorities for withholding and allocating income withheld for multiple child support obligees, and
• any withholding term or condition not specified in the withholding order.

No, tips are not earnings for the purposes of wage garnishment and are not to be included in determining disposable income. 

Yes, PTO may be garnished for child support.

Yes, you can charge $1.00 per payment

If the fee plus the child support is more than the maximum amount allowed under the CCPA, you may take the entire amount of the administrative fee and make the child support payment less than the amount in the income withholding order.  

Notify the child support agency that you received a federal tax (Internal Revenue Service [IRS]) levy.  The child support agency can inform you if the IRS levy has priority over the income withholding order. The IRS levy will have priority if it was issued prior to the date of the child support order.

You must send the payment the first pay period after the postmark date on the income withholding order.

Yes, you may send one check each pay period to cover all the child support withholdings for that pay period as long as they are all going to the same State Disbursement Unit (SDU) and you itemize the amount for each employee and provide the corresponding case number.  

Yes, payments must be sent to the SDU in the other state that issued the income withholding order.