· The Local Child Support Agency (“LCSA”) is mandated by State and Federal guidelines to obtain an order for income withholding and medical support.
· As an employer, you must report all newly hired employees to the Employment Development Department within 20 days of their start date.
· No employer may use an Order/Notice to Withhold as grounds for refusing to hire a person or for taking disciplinary action against an employee. A civil penalty up to $500 could be imposed.
*For Electronic Income Withholding Order information, please click the link on the left (e-IWO Fact Sheet).
FREQUENTLY ASKED QUESTIONSView an online version of the Employer Handbook
What does the Order/Notice to Withhold require me to do?
- Provide the named employee with a copy of the Order/Notice and the blank Request for Hearing form within 10 days of receipt.
- Begin to withhold money from the employee’s net disposable earnings (but no more than 50% of the net disposable) no later than 10 days after receipt of the Order/Notice.
- Forward deductions to the LCSA within 7 working days. Provide the case number, the employee’s name, and the date the money was withheld.
Where do I send the support I withhold?
If the notice was sent to you by the Lake County Department of Child Support Services (“LCDCSS”), send payments to:
CA State Disbursement Unit
PO Box 989067
West Sacramento, CA 95798-9067
What if the name and social security number do not match my employee?
Please call our office to resolve mistaken identity cases. Your employee can also use the Request for Hearing form to file a motion with the court to quash the wage assignment.
I have several employees with an Order/Notice from your office. May I combine all of their deductions in one check?
Yes. You may combine support withholdings for each county into one check. You must include an itemized accounting providing names, social security numbers (or other identifying number such as the Participant ID), the amount attributable to each employee, and the withholding date(s).
What do I do if the employee has multiple Orders/Notices and does not earn enough to satisfy them all?
If 50% of the employee’s net disposable earnings will not pay in full all of the assignments for support, priority should be given to the current child support obligations, followed by (in order) health care, current spousal support (if any), liquidation of child support arrears, and liquidation of spousal support arrears.
Apply monies in the above order according to the proportion that each assignment bears to the total owed in each category.
What do I do if an employee has other non-support income attachments?
Federal and state law give child support withholding priority over all other income attachments.
What should I do if the employee tells me not to enforce the Order/Notice?
Deductions must continue until further order of the court or notification by the LCSA. Employers can be held in contempt for terminating an Order/Notice without authorization from the court or the LCSA.
What if the employee quits, is terminated, or is laid off?
Please notify the LCSA immediately by sending in the Notice of Termination or Employee Status Report. If it is a short seasonal or weather-related layoff, please call the LCSA; the Order/Notice should be reactivated upon the employee’s return to work.
Can I send in support deductions by Electronic Funds Transfer?
At this time, Lake County Department of Child Support Services is unable to accept EFTs.
If I lay off and then re-hire an employee. do I need to submit another New Hire Report to EDD?
If the returning employee is required to complete a new W-4 form, then you must submit a New Hire report.
What is my responsibility as an employer in regard to health insurance for dependents?
A copy of the National Medical Support Notice (“NMSN”) must be given to your employee with 10 days after receipt. If health insurance for dependents is available, you must enroll the employee’s dependent(s) named on the order within 30 days.
The cost of health insurance is in addition to the child support ordered. The total amount that may be withheld is subject to the 50% limitation; if child support and health insurance will total more than 50% of the employee’s net disposable earnings, please contact LCDCSS immediately.
What if I don’t offer health insurance to my employees?
Complete, sign, and return the Employer’s Response provided in the NMSN packet.
If multiple plans are available, which one should the child(ren) be enrolled in?
You may enroll the child(ren) in the same health plan the employee if that plan provides coverage in the dependents’ county of residence.
What if our employee has elected not to maintain any insurance?
The children should be enrolled in any plan that will reasonably provide coverage where they live, unless the court has ordered coverage by a specific plan.
Can I wait for open enrollment?
No. You must enroll the dependents within 30 days of receiving the NMSN.
What do I do if there is a lapse in coverage?
It is your responsibility to notify the LCDCSS of any lapses in coverage.
The Lake County Department of Child Support Services
thanks you for your cooperation.