Also known as:income withholdings · wage withholding
Written by attorneys — see sources below.
An enforcement mechanism by which a tribunal directs a payer of income to an obligor to deduct specified amounts and remit them toward satisfaction of a support order. The mechanism reaches wages, commissions, per-unit fees, and similar recurring payments. It operates without requiring the payer to be a traditional W-2 employer or located in the same state as the original order.
See Our Sources
How its tested
Common Examples
2
Interstate Per-Acre Fee Withholding
Idris Ives owes child support under a valid order from his former home state. While working seasonally in another state, his child's mother petitions the local family court to enforce the order. The court directs Island Manufacturing, which pays Idris per-acre fees for harvesting work, to withhold amounts from those payments and remit them for support. The withholding order takes effect even though the cooperative is based out of state and pays on a piece-rate basis.
Salary and Bonus Deductions After Relocation
Ilana Isaacs was ordered in State A to pay monthly child support to Ivan Ivanov. After Ilana moves to State B and misses payments, Ivan petitions the State B court to enforce the existing order. The court orders Ilana to comply and directs automatic deductions from her salary and annual bonus at Imperial Motors. The order specifies both the amount and the method of compliance without replacing the original support order.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Uniform Acts
Turner v. Rogers564 U.S. 431 (2011)
In June 2003 a South Carolina family court entered an order requiring petitioner Michael Turner to pay respondent Rebecca Rogers $51.73 per week to help support their child. Rogers' father Larry Price currently has custody of the child and is also a respondent before this Court.
Over the next three years Turner repeatedly failed to pay the amount due and was held in contempt on five occasions. The first four times he was sentenced to 90 days' imprisonment but ultimately paid what he owed. He paid twice without being jailed and twice after spending a few days in custody. The fifth time he did not pay but completed a six-month sentence.
After his release Turner remained in arrears. On March 27, 2006 the family court clerk issued a new show cause order because Turner was $5,728.76 behind. Following an initial postponement due to Turner's failure to appear, his civil contempt hearing took place on January 3, 2008. Turner and Rogers were both present without representation by counsel.
The court clerk stated the arrearage amount. The judge asked Turner if there was anything he wanted to say. Turner described getting back on drugs after release, breaking his back in September, filing for disability and SSI benefits, and hoping for another chance. The judge then asked Rogers if she had anything to say. The judge found Turner in willful contempt and sentenced him to twelve months in the Oconee County Detention Center. Turner could purge the contempt by reaching a zero balance.
The judge completed a prewritten Order for Contempt of Court form but left blank the statement indicating whether Turner was gainfully employed and had the ability to make support payments when due. Turner served the full sentence. While serving the sentence Turner appealed with pro bono counsel claiming a federal constitutional right to counsel at the contempt hearing. The South Carolina Supreme Court rejected the claim after Turner completed his sentence. Turner sought certiorari, and the United States Supreme Court granted review.
Within months of his release from the twelve-month imprisonment Turner was again the subject of civil contempt proceedings. He had arrears of $13,814.72 as of December 2010. Another hearing was scheduled for May 2011.
Does income withholding apply only to traditional wages from a W-2 employer?
No. The mechanism reaches any recurring payments an obligor receives, including per-acre fees, commissions, and bonuses. A responding tribunal may direct withholding from these sources provided another state law does not prohibit it.
Supporting sources
Can a responding tribunal in an interstate case order income withholding without first issuing a new support order?
Yes. Once a valid existing support order is registered, the responding tribunal may enforce it directly by ordering compliance and specifying the amount and manner of payment, including through withholding. It need not replace the original order.
Supporting sources
What limits the amount that may be withheld from disposable earnings?
The Federal Consumer Credit Protection Act caps withholding at 50 percent of disposable earnings for child support, with possible increases of 10 or 5 percent depending on whether the obligor supports another family or owes arrears exceeding twelve weeks.
Supporting sources
May a court award attorney fees when ordering income withholding in an interstate enforcement action?
Yes. A responding tribunal that registers and enforces an out-of-state support order may award reasonable attorney fees and costs incurred in the enforcement proceeding, provided no other applicable law forbids the award.
Supporting sources
Family LawSeparation, divorce, dissolution, and annulment · Enforcement of awardsUBEFoundational