TITLE 32

DOMESTIC RELATIONS

CHAPTER 12

MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT

32-1210.  Employer’s duties and responsibilities — Fee for employer. (1) Upon receiving an income withholding order from the court, the employer shall answer the income withholding order on forms supplied with the income withholding order within ten (10) days after the date of service. The employer shall deliver the original answer to the court, and shall mail one (1) copy to the obligee or obligee’s attorney, and shall deliver one (1) copy to the obligor as soon as is reasonably possible. The answer shall state whether the obligor is employed by or receives income from the employer, whether the employer will honor the income withholding order, and whether there are multiple child support income withholding orders or garnishments against the obligor. Upon receiving an income withholding order from the department, the employer shall begin income withholding pursuant to this section.

(2)  If the employer possesses any income due and owing to the obligor, the income subject to the income withholding order shall be withheld immediately upon receipt of the income withholding order. The withheld income shall be delivered to the department of health and welfare within seven (7) business days after the date the amount would have been paid or credited to the employee.

(3)  The total amount to be withheld from the obligor’s earnings each month, or from each earnings disbursement, shall not exceed fifty percent (50%) of the disposable earnings of the obligor. If the amounts to be paid toward the arrearage are specified in the support order, then the maximum amount to be withheld is the sum of the current support ordered and the amount ordered to be paid toward the arrearage, or fifty percent (50%) of the disposable earnings of the obligor, whichever is less. In no event shall the amount to be withheld from the earnings of the obligor exceed the amount specified in section 11-207, Idaho Code.

(4)  When an employer receives an income withholding order issued by another state, the employer shall apply the income withholding law of the state of the obligor’s principal place of employment in determining:

(a)  The employer’s fee for processing an income withholding order;

(b)  The maximum amount permitted to be withheld from the obligor’s income;

(c)  The time periods within which the employer must implement the income withholding order and forward the child support payment;

(d)  The priorities for withholding and allocating income withheld for multiple child support obligees; and

(e)  Any withholding terms or conditions not specified in the income withholding order.

(5)  If an obligor is subject to two (2) or more income withholding orders for child support on behalf of more than one (1) obligee, the employer shall send the entire amount withheld from that obligor to the department. If the department is providing child support services, the employer shall send the department a copy of each income withholding order under which the obligor owes a support obligation. The department shall apportion the amount of income withheld between all obligees of the obligor as follows: the support obligation for the current month shall be paid first. If the amount of nonexempt disposable income withheld is not sufficient to pay the total support obligation for the current month for each obligee for whom there is an income withholding order, the amount withheld shall be divided between each obligee for whom there is an income withholding order on a pro rata basis. If the amount of the nonexempt disposable earnings withheld is in excess of the total support obligation for the current month for each obligee for whom there is an income withholding order, the excess shall be divided between each obligee for whom there is an income withholding order which includes withholding for any delinquency on a pro rata basis unless otherwise ordered by a court.

(6)  The employer shall continue to withhold the ordered amounts from nonexempt income of the obligor until notified by the court or the department that the income withholding order has been modified or terminated. The employer shall promptly notify the court or the department when the employee is no longer employed, and of the employee’s last known address, and the name and address of his new employer, if known.

(7)  The employer may deduct a processing fee, not to exceed five dollars ($5.00), to cover the costs of each withholding. Such fee is to be withheld from the obligor’s income in addition to the amount withheld to satisfy the withholding order, but the total amount withheld, including the fee, shall not exceed fifty percent (50%) of the obligor’s disposable income.

(8)  The employer may combine amounts withheld from various employees for a particular entity in a pay period into a single payment for that pay period, as long as the portion thereof which is attributable to each individual employee is separately designated.

(9)  An order for income withholding for support entered under this chapter shall have priority over any other wage assignment or garnishment, except for another wage assignment, income withholding order, or garnishment for child support.

History:

[32-1210, added 1986, ch. 222, sec. 1, p. 599; am. 1995, ch. 201, sec. 2, p. 693; am. 1998, ch. 292, sec. 14, p. 942; am. 2013, ch. 248, sec. 2, p. 599.]