Income withholding of support payments

Most new or modified child support orders require employers and payors-of-funds to automatically withhold basic support, medical support and child care support obligations from a parent's paycheck or other sources of income. Here's how it works:

On full-service cases, the county child support office will direct the employer or payor-of-funds to withhold funds from a parent's income. (Parents who have income withholding-only services must initiate withholding by sending a notice to any employers or other payors-of-funds.)
The employer or other payor-of-funds sends withheld funds to the state Child Support Payment Center.
The Child Support Payment Center uses the funds to pay the parent's child support obligations to the other parent.

Parents can view a record of all child support payments and how the payment has been distributed to their cases by checking their account on Minnesota Child Support Online.

Starting income withholding
On full-service cases, the child support office identifies the parent's employer or payor-of-funds and sends a notice to withhold support.
- Employers have 14 days to process an order or notice to withhold. Employers must begin withholding no later than the first pay period following this 14-day time period. Employers must continue withholding until the child support office notifies them in writing of any changes to the order.
- Employers must remit any support they withhold within seven business days of the date the employee was paid the remainder of the income.
- If the parent is subject to multiple withholding orders or notices of income withholding, the employer must comply with all of them as long as the total withheld does not exceed the limits set by the Consumer Credit Protection Act.
- Income withholding for current and past due support, called arrears, has priority over any other attachment, execution, garnishment or wage assignment with the exception of Internal Revenue Service actions to obtain an individual's income.
On income withholding-only cases, the parent must issue a notice to any employers or payors-of-funds to begin withholding.

Federal regulations require income withholding be initiated using the Office of Managment and Budget (OMB) approved form entitled, "Income Withholding for Support."
Limiting withholding under the Consumer Credit Protection Act

The amount withheld by the employer or payor-of-funds for child support must not exceed the limits imposed under the Consumer Credit Protection Act. If the employer cannot withhold the total support due, the parent still owes the amount that is not withheld. If the parent fails to pay, arrears will accrue.

The U.S. Department of Labor's Federal Wage Garnishments web page has more information about income withholding, also known as wage garnishment.
Ending income withholding

When a case is closed, the child support office will notify the employer or other payor-of-funds to stop income withholding.

If the case is still open and income withholding ends for any reason, the parent who owes support is responsible to make the payments to the Child Support Payment Center. Parents who owe support and do not have income withholding may ask the child support office to automatically withdraw support and spousal maintenance payments from their checking or savings account.
Failing to withhold
The employer or payor-of-funds can be held in contempt of court for failure to withhold a parent's income for child support.

If you think that your employer is withholding child support but not sending the payments to the Minnesota Child Support Payment Center, you can:
- Go to Minnesota Child Support Online to view a record of all payments and how the payments were distributed
- Contact your county child support worker.
Waiving income withholding
If the child support office is providing services and support has not been assigned to the agency, the court may waive income withholding if:
- The parents agree upon an alternative payment arrangement, put it in writing and have it reviewed, approved and entered into record by the court,
- The court makes written findings giving reasons that income withholding would not be in the best interests of the child.
If withholding has been waived, either parent may request the court to order income withholding at any time.
Authority
State law can be found on the Minnesota Office of the Revisor website.
- 45 Code of Federal Regulations, section 303.100
- 11 United States Code, section 362(b)
- 15 United States Code, section 1673(b)(2)
- 42 United States Code, sections 666(a) and (b)
- Minnesota Statutes, section 518A.46
- Minnesota Statutes, section 518A.53
- Minnesota Statutes, section 518A.57
- Minnesota Statutes, section 518A.58
- Minnesota Statutes, section 518C.501
- Minnesota Statutes, section 588