Child Support -
Information For Employers
The Huron County Child Support Enforcement Agency welcomes you as a partner in the enforcement of child, spousal, and medical support orders. This page is dedicated to addressing questions you may have concerning your role in the child support process.
Why does Huron County CSEA value employers as our partners?
The support and collaboration from employers and income providers helps ensure the quality of life for children through financial support from both parents. Complying with laws relating to child support will benefit all of us. Income withholding is the most successful and efficient enforcement tool for collecting child support - nearly 70% of all monies collected on behalf of Ohio’s children is collected directly by employers!
Stable, reliable workforce - when parents have children to provide for, the result may be less absenteeism and higher productivity on the job.
Taxpayer savings - the New Hire Reporting program will reduce government spending on welfare benefits by increasing child support collections for families who would otherwise be forced to seek public assistance.
Healthy children - children who might otherwise not be covered by a medical insurance plan can receive vital and preventative medical attention. Employers and income providers are important stakeholders of the child support program and help ensure the financial stability for many children and families.
A stronger sense of community - the bonds that form are strengthened between a non-custodial parent and a child when regular financial, medical and emotional support is provided and can in turn enrich the entire community.
When do employers deduct child support from an employee's income?
Income providers are responsible to begin deducting child support immediately (but no later than the first pay period occurring 14 business days after the date of the Notice) upon receipt of a "Notice of Income Withholding", known as JFS 04047, employers are to withhold and remit funds for child support immediately (but no later than 7 business days from the date that it is withheld from the employees pay).
How much can be withheld from an employees wages to pay child or spousal support?
The amount to be withheld for child support may not exceed the following parameters:
(The Notice of Income Withholding, JFS04047, provides information on this Federal Regulation – The Consumer Credit Protection Act, or, CCPA).
Of the employees disposable weekly earnings (income left after making mandatory deductions such as: State, Federal, Local Taxes Medicare etc.) you cannot withhold more than:
50% if the employee is supporting another spouse, dependent child or both, other than the party specified on the Withholding Notice.
60% if the employee is not supporting someone else.
An additional 5% shall be withheld above the maximum amount permitted if the employee is twelve (12) or more weeks in arrears. Your Income Withholding Order will specify this.
For your information, no more than 50% of the employee’s weekly unemployment benefits may be deducted.
What kinds of payments are considered lump sum payments ?
An employer is liable to report to the Child Support Enforcement Agency that issued the Notice of Income Withholding (JFS 04074) an amount over $150. The Agency should receive notice of this lump sum payment at least 45 days prior to it being disbursed. A lump sum payment is any income other than personal earnings that the employee may be entitled to.
Examples are: Bonus payments, Commissions, Severance pay, Vacation pay, Sick leave, etc
Vacation and sick pay - this pertains only to the "cash-out" of a vacation pay - when an employee opts to receive vacation or sick pay in lieu of taking actual vacation, sick time or leave.
The employer will receive either a court or administrative order to release the lump sum to the employee, or to remit the payment to Child Support Payment Central (CSPC) to be applied to child support arrears.
Can I remit child support payments electronically? There are methods available to pay child support electronically. ExpertPay is one way for Ohio employers or income providers to submit withholdings electronically. ExpertPay is a secure website that allows employers to create and maintain an employer profile, enter employee data, submit withholding lists, and authorize electronic withdrawals of child support withholdings from the employer’s or income provider’s bank account. It is a simple, streamlined way to meet child support withholding responsibilities. Employers or income providers who have used ExpertPay report an increase in accuracy while decreasing paperwork, postage costs, and mail time. Fraud and theft concerns are also reduced. Employers or income providers can use ExpertPay to remit to all 50 states – but there could be a fee assessed for payments sent to states other than Ohio.
For more information, go to www.expertpay.com.
Employers may also remit payments directly to the financial institution of CSPC. This is done through an Automated Clearing House, or ACH, which is a government regulated facility that coordinates electronic transactions.
You should call CSPC at 1-888-965-2676 before you make your first payment electronically.
What is new hire reporting? Effective October 1, 1997, all Ohio employers ( public and private) are required by law to report all newly hired, rehired or returning employees to the State of Ohio within 20 days of their start date. No employer is exempt from this law! The sooner the CSEA becomes aware of new employment of a payer responsible for child or medical support, the quicker the CSEA can get financial and medical support out to the children of the order.
What are my new hire reporting responsibilities? Not only is New Hire Reporting the law, it is a valuable tool to the child support agencies in locating alleged fathers and absent parents to assist in paternity and support establishment, not to mention the benefit of collecting support for the children who deserve it. There are several ways in which employers can comply with their new hire reporting responsibilities.
Send the required form to:
Ohio New Hire Reporting Program
Cleveland Operations Center
P.O. Box 94972
Cleveland, Ohio 44101-4972
You can also call (800) 208-8887, FAX (440) 808-8021 or take care of your new hire reporting at oh-newhire.com
How does medical support work? The Department of Child Support Enforcement is responsible for establishing and enforcing health insurance orders for child support cases when coverage is available and reasonable or expected to become available.
The employer will receive a notice to enroll the employee. The notice is known as the National Medical Support Notice and is in use in all States. The employer must enroll the child(ren) and deduct any premiums from the employee's income/wages. This order may be subsequent to or in conjunction with an order to withhold wages/income for child support, and is subject to CCPA restrictions.
The dependent(s) must be enrolled in the insurance plan without regard to seasonal restrictions (i.e. Open Enrollment) The dependant(s) may not be denied coverage on the grounds that the parents were not married, that the dependant is not claimed as a dependant on the employee’s federal income tax return, or the dependant does not reside with the employee or in the insurer's service area.
How do I determine how much is to be applied to each case if the employee has more than one order? As an employer, you must honor all Income Withholding Notices but may be unable to comply with the entire amount ordered to be withheld based on the CCPA Guidelines. (Refer to ORC 3121.034 and the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)). AMulti-Order Calculator is now available for employers use. This calculator will determine the maximum amount of support to be applied to each of an employee’s orders taking into consideration the CCPA Guidelines. To view/download this Calculator click here.
How does bankruptcy affect child support? Child Support Income Withholding Notices must be honored even if an employee declares bankruptcy. Child Support debt is not dischargeable in bankruptcy actions. If an employee files bankruptcy, employers are still obligated to honor a child support income withholding order before all other garnishments except a federal tax levy (but only when the tax levy was served before the child support order was issued). In some instances, child support payments may be taken over by the trustee of the bankruptcy court, however, an employer must continue withholding unless notice is received by the agency or the bankruptcy court stating otherwise.