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Frequently Asked Questions

What if I do not withhold the money or send the payment to the Clearinghouse?
Pursuant to the Arizona Revised Statute 25-504, an employer or payor who fails without good cause to comply with the terms of an Income Withholding Order is liable for amounts not paid to the Clerk or Support Payment Clearinghouse pursuant to the Income Withholding Order and reasonable attorney fees, costs and other expenses incurred in procuring compliance and may be subject to contempt.

The employee just came back to work after being gone for 2 weeks. Do I have to catch up on payments for the time that he did not work?
If the employee did not receive a wage during this separation, no withholding is appropriated although the employee/obligor remains responsible for the payments.

The employee had quit and a month later came back to work. Do I have to honor the Income Withholding Order I received when he was here previously?
You may wish to seek legal advice from an attorney. The Arizona Revised Statue §25-504 reads that if within 90 days of the last payment, the employer or other payor re-employs the obligor or becomes obligated to pay the obligor the employer or payor is again bound by the Income Withholding Order.

I just received the Income Withholding Order for a new employee. The employee said the $60.00 yearly support handling fee was mailed by his previous employer. Do I still have to mail the fee?
You may wish to seek legal advice from an attorney. The Arizona Revised Statute §25-504 reads that an employer or other payor who has received an Income Withholding Order shall withhold the amount specified in the Income Withholding Order, together with the handling fee. Arizona Revised Statute §25-510 requires a monthly fee of $5.00 for the cost of handling support and maintenance payments.

Should I withhold support from severance pay?
You may wish to seek legal counsel from an attorney for an interpretation of the court order. Our office cannot interpret the court order.

I received an Income Withholding Order signed by the Judge/Clerk. When do I start withholding payments?
No later than 14 days after receipt of an Income Withholding Order but you may begin withholding sooner if a payment to the employee/obligor is due sooner.

I received an Ex Parte (without Notice) Income Withholding Order. When do I start withholding payments?
If you are the first employer or other payor served with the Ex Parte Income Withholding Order you cannot withhold or deduct amounts until 14 calendar days following receipt. Any future employer or future payor shall begin withholding no later than 14 days after receipt but may begin withholding sooner than 14 days if a payment to the employee/obligor is due sooner.

I received an Administrative Income Withholding Order. When do I start withholding payments?
14 days after receipt of a copy of an Administrative Income Withholding Order.

Does an Administrative Income Withholding Order need to be signed?
No.

Can I combine the deductions I make for all my employees into one check?
You may combine payments that are mailed to the same address and identify the ATLAS case numbers, obligors/employee's names and Social Security numbers, and identify the portion of the remittance that is attributable to each obligor/employee.

What information do I need to indicate on the payment?
The ATLAS case number, obligor/employee's name and Social Security number, and identify the portion of the remittance that is attributable to each employee/obligor, and the date the funds were withheld.

Where do I send the payments?
Clearinghouse
P.O. Box 52107
Phoenix, Arizona 85072-2107

If it is a non Arizona Income Withholding Order, you may wish to contact the State that issued the Income Withholding Order.

Does my copy of the Income Withholding Order need to be certified?
No.

Does my copy of the Order Stopping/Terminating an Income Withholding Order need to be certified?
No.

If an employee provides me with a copy of an Income Withholding Order, do I need to honor that Income Withholding Order?
Yes.

How soon do I need to remit the payment after withholding the monies from the employee's earnings?
Within 2 business days after the obligor/employee is paid or after the payment to the obligor/employee is due.

How often do I have to withhold and remit the $60.00 handling fee?
The Arizona statutes have been revised and Arizona Revised Statute §25-510 requires a monthly fee of $5.00.

Is the $5.00 monthly fee included in the support amount stated on the Income Withholding Order?
No, the monthly fee is not included in the current support amount. The $5.00 monthly fee may or may not be listed on a separate line, depending on the age of the Income Withholding Order. However, the monthly fee is due, whether or not it is listed separately on the Income Withholding Order.

What should I do if I received the Income Withholding Order by first class mail?
Honor the Income Withholding Order. Arizona Revised Statute §25-504 states that an Income Withholding Order shall be served on any employer or other payor by first class mail, electronic transmission or personal delivery or pursuant to the Arizona Rules of Civil Procedure.

Is it my responsibility to notify my employee that I received an Income Withholding Order?
Only if you are the first employer of an Ex Parte Income Withholding Order or you receive an Administrative Income Withholding Order.

What if I have multiple Income Withholding Orders with the same case number?
Honor the most recent dated Income Withholding Order.

What if I have Income Withholding Orders with different case numbers but for the same employee?
Honor all Income Withholding Orders.

Can I fire or refuse to hire someone because they have an Income Withholding Order?
No. Pursuant to Arizona Revised Statute §25-504 an employer or other payor shall not refuse to hire a person and shall not discharge or otherwise discipline an obligor because of service of an Income Withholding Order authorized by this section. Further, when an employer refuses to recognize and/or abide by an Income Withholding Order, this is in violation of Arizona Revised Statue §25-504, which states in part, “any employer or payor who fails without good cause to comply with the Income Withholding Order…is liable for the payments…including reasonable attorney's fees and costs…including a finding of contempt."

Do I have to honor an Income Withholding Order from another state?
Yes. The Arizona Revised Statute §25-646 reads that an income withholding order issued in another state may be sent to the person or entity defined as the obligor's employer and the obligor's employer shall treat an income withholding order issued in another state, that appears regular on its face, as if it had been issued by a tribunal of this state.

What if the person named in the Income Withholding Order does not work for my company?
Please return the Notice and Acknowledgment of Receipt form and indicate that the person named in the Income Withholding Order does not work for your company as instructed on the notice. You may fax this information to (602) 506-1937.

What if the Social Security Number does not match my employee?
If you are able to determine that the Obligor named is your employee, honor the Income Withholding Order. If you are not able to make this determination, indicate this on the Notice and Acknowledgment of Receipt form and return to the Clerk's office.

What should I do if my employee tells me the amount on the Income Withholding Order is wrong or that I should not honor the Income Withholding Order for any other reason?
A party to the case must file a Request to Adjust/Modify an Income Withholding Order. If it is a IV-D case, a party should contact DCSE at (602)252-4045, and request that the Income Withholding Order be modified. You must continue withholding the amount specified in the Income Withholding Order until further order of the court.

How much can I withhold from my employee's pay?
Under state law (section 33-1131, Arizona Revised Statute) no more than one-half of disposable earnings for any pay period may be taken to satisfy an order issued for support or spousal maintenance. The amount of disposable earnings exempt from the Income Withholding Order must be paid when due. Disposable income means the remaining portion of wages, salary, or compensation for personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pension or retirement program or a deferred compensation plan, after deducting from such earnings the amounts required by law to be withheld.

Can I charge a fee for complying with the Income Withholding Order?
You may withhold and retain an additional $1.00 per payment but not more that $4.00 per month for each obligor.

What do I do if an employee already had Income Withholding Orders and deducting the amount of this Income Withholding Order will make the total amount of deductions over 50%?
You may click here to obtain the Child Support Allocation Worksheet that provides instructions on how to allocate current child support when the amount available for withholding is not sufficient to meet the total combined current support obligations. This worksheet may also be used to compute the support payment when the payment amount is more than 50% of disposable income.See Child Support Allocation Worksheet. Form automatically calculates online.

What do I do if the Income Withholding Order requires payments at intervals that do not coincide with my pay periods?
Arizona Revised Statute §25-504 requires an employer or other payor who has received an Income Withholding Order to transmit the withheld monies to the Support Payment Clearinghouse within 2 business days after the obligor/employee is paid or after the payment to the obligor/employee is due.

What should I do if the Clerk/Clearinghouse returns payments?
If payments are returned to the employer/payor because the payments are undeliverable to the obligee, the payments should be returned to the employee/obligor.

How do I know when to stop withholding payments?
When you receive an Order Stopping/Terminating an Income Withholding Order or if the Order contains a presumptive termination date.

Is there anything I have to do when an employee with an Income Withholding Order no longer works for me?
In writing, notify the Clerk or Clearinghouse of the termination date of the obligor along with the ATLAS case number, obligor's Social Security number and last known address and the name and address of the obligor's new employer if known.

Should the company name of the employer/payor of funds appear on the Income Withholding Order?
No. There is no rule or statute that requires the employer name to appear on the Income Withholding Order

 

 

 
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