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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.

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.

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.

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.

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 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

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 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 DCSS 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.

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

DOES THE INCOME WITHHOLDING ORDER STOP AUTOMATICALLY AFTER THE EMANCIPATION OF ALL OF THE CHILDREN WHO WERE INCLUDED IN THE COURT ORDER AND UPON FULL PAYMENT OF ARREARS/JUDGMENTS, IF ANY?

No. A party to the case may initiate the action to stop the Income Withholding Order by filing a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center . If your case is IV-D, you should contact DCSS at (602) 252-4045.

Income Withholding Orders that are issued by the Court now contain a presumptive termination date which the employer stops withholding on that date as long as there is no payment on arrears included on the order. If there is a payment on arrears or your Income Withholding Order does not include a presumptive terminate date, you must initiate an action to stop the Income Withholding Order by filing a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self Service Center. If your case is IVD, you should contact DCSS (602) 252-4045, and request that the Income Withholding Order be stopped.

MY CHILD SUPPORT ORDER COVERS TWO OR MORE CHILDREN AND ONE OF MY CHILDREN IS EMANCIPATING, WHAT CAN I DO?

When one child emancipates, but one or more other children are covered by the same court order, the amount of the child support order is not automatically lowered by the emancipating child’s share. If you wish to modify your child support order when one child emancipates, you may file a Request to Modify the Child Support Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center .. If your case is IV-D, you should contact the Division of Child Support Services (DCSS) at (602) 252-4045.

ALL OF MY CHILDREN ARE 18 AND HAVE GRADUATED FROM HIGH SCHOOL, THE CHILD SUPPORT PAYMENTS WERE TO STOP, BUT THEY ARE STILL TAKING MONEY OUT OF MY CHECK. WHAT CAN I DO?

You may file a Request to Stop an Income Withholding Order. You may wish to seek legal advice from an attorney or you can obtain the forms from the Self-Service Center .. If your case is IV-D, you should contact DCSS at (602) 252-4045.

ONE OF MY CHILDREN IS DISABLED AND NEARING 18 YEARS OF AGE, WHAT CAN I DO TO ENSURE SUPPORT CONTINUES FOR THIS CHILD?

Check your current order for specific provisions that address the issue of supporting a disabled child. If your order does not address this issue or you do not understand your order, you may wish to seek legal advice from an attorney.

 

 
 
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