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Revised Federal Order/Notice to Withhold Income for Child Support

AT-01-07

Published: March 29, 2001
Information About:
Employers, State/Local Child Support Agencies
Topics:
Case Management, Enforcement, Employer Responsibilities, Income/Wage Withholding
Types:
Policy, Action Transmittals (AT)

ACTION TRANSMITTAL

OCSE-AT-01-07

DATE: March 29, 2001

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Revised Federal Order/Notice to Withhold Income for Child Support.

ATTACHMENT: Attached is a copy of the revised Federal standardized income withholding form, as required by Section 324 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.04-93). The attachment includes the standardized form titled, "Order/Notice to Withhold Income for Child Support "(Order/Notice), the instructions for completing, and a sample numbered copy of the Order/Notice.

STATUTORY REFERENCE: 42 U.S.C. 652(a)(11) and 42 U.S.C. 654(9)(E)

BACKGROUND: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.04-193) mandated State IV-D agencies to adopt the Uniform Interstate Family Support Act (UIFSA). It also required that States transmit orders and notices for income withholding to employers (and other debtors) using uniform formats prescribed by the Secretary of Health and Human Services no later than October 1, 1998. The UIFSA enables States to use direct income withholding as an immediate remedy in interstate child support cases. To date, all State IV-D agencies have adopted UIFSA.

The Office of Child Support Enforcement (OCSE) established a task group comprised of representatives from State IV-D agencies, courts/tribunals, the American Payroll Association, and employers to review and revise the one-page (two-sided) standardized form. The task group began it’s review of the Order/Notice in October 2000 and recommended several changes which were circulated to the State IV-D Directors for comment. The task group reviewed the comments received and the Order/Notice form was revised to incorporate the recommended changes.

EXPLANATION OF CHANGES: As you know, State and local IV-D agencies, tribunals/courts, individuals, and private agencies are able to submit the Order/Notice to employers for wage withholding. The revised Order/Notice was reorganized to provide space for tribunal/court information (i.e., stamps) in addition to the tribunal/court case number. The Remittance Information was reworded to provide clear guidance for an employer to remit payments as prescribed in the underlying order of the tribunal/court.

The instructions to complete the form provide detailed description of the information needed for an employer to process the Order/Notice. The Termination Notification requests additional information from an employer regarding termination of employment. Finally, the form provides space to indicate the name of the party submitting the Order/Notice for wage withholding.

Please complete the form carefully when processing. If you have any questions, please contact Dianne Offett, Interstate Liaison, at 202-401-5425.

EFFECTIVE DATE: Immediately.

 

________________________________________
Frank Fuentes
Acting Commissioner
Office of Child Support Enforcement