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Pilot Testing the Standardized Income Withholding Form March 2, 1995 DC95-16 TO ALL STATE IV-D DIRECTORS Dear Colleague: Since our last communication regarding the standardized income withholding form (DC 93-49), a total of twenty-one States have passed the Uniform Interstate Family Support Act (UIFSA) which enables States to submit interstate income withholding orders directly to employers. As you know, the Income Withholding Form Work Group has been developing a standardized form that expedites intra and interstate income withholding orders for child support. This form potentially will facilitate uniformity when processing income withholding orders, especially for States that have adopted UIFSA. I have enclosed a copy of the Order/Notice to Withhold Income for Child Support, the instructions to complete the Order/Notice, and a draft of the pilot test for your review while the Work Group finalizes requirements for the pilot test. The pilot does not need to be conducted statewide, therefore I would like to encourage all interested States, jurisdictions, and courts to participate. Also, any jurisdiction wishing to participate in the pilot will receive the form on a diskette so it can be generated from a personal computer and thus will not necessitate system changes. Once the pilot is completed and final revisions are made to the form, States will be asked to adopt the form for intra and interstate income withholding cases. I am pleased with the cooperation from all the Work Group members and entities that volunteered their time and effort to this project. The Order/Notice is an example of a positive group effort to enhance the Child Support Enforcement program. OCSE is committed to marketing and providing technical assistance for this project. If you are interested in participating in the pilot test please contact Dianne Offett, OCSE, Division of Program Operations, National Training Center, 370 L'Enfant Promenade, SW, Washington, DC, 20447, or call her at (202) 401- 5425 by March 31, 1995. She will be glad to answer any questions regarding the pilot test. Sincerely, David Gray Ross Deputy Director Office of Child Support Enforcement Enclosures cc: Regional Administrators Regional CSE Program Managers ORDER/NOTICE TO WITHHOLD INCOME FOR CHILD SUPPORT State of , Co./City/Dist. of Date of Withholding Order/Notice Original Order/Notice Court/Case Number Amended Order/Notice Terminate Order/Notice ) RE: * Employer/Withholder's Federal EIN Number ) Employee/Obligor's(Last, First, MI) ) * Employer/Withholder's Name ) Employee/Obligor's Social Security Number ) * Employer/Withholder's Address ) Employee/Obligor's Case Identifier ) ) Custodial Parent's (Last, First, MI) This is an Order/Notice to Withhold Income for Child Support based upon an order for support from the State of . Under Your State Code Provision , you are required to deduct these amounts from the above-named employee/obligor's income: $ per in current support $ per in past-due support þ arrears 12 weeks or greater $ per in medical support $ per in other (specify) for a total of $ per to be forwarded to the payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ per pay period if paid weekly. $ per pay period if paid biweekly (every two weeks). $ per pay period if paid semimonthly (twice a month). $ per pay period if paid monthly. You may be required to honor this Order/Notice even if it was not issued by your State. Follow the laws and procedures where the employee/obligor is employed even if such laws and procedures are different from the provisions below. You must begin withholding no later than the first pay period occurring working days after the date of this Order/Notice. Send payment within working days of the paydate/date of withholding. You are entitled to deduct a fee of to defray the cost of withholding. The total withheld amount, including your fee, cannot exceed % of the employee/obligor's aggregate disposable weekly earnings. (see #11 on back) When remitting payment indicate the paydate/date of withholding and the case identifier . If remitting by EFT/EDI, use this FIPS code: * ; Bank routing code:* ; Bank account number:* . Make it payable to: Payee and case identifier Send check to: Payee's Address þ Please provide a copy of this form to your employee. If you have any questions, contact: by telephone at or by FAX at . If your employee/obligor has questions, he/she may contact at . Authorized by Printed signature IF THE EMPLOYEE/OBLIGOR IS NO LONGER EMPLOYED BY YOU, PROVIDE THE INFORMATION REQUESTED AND RETURN A COPY OF THIS ORDER/NOTICE TO THE AGENCY IDENTIFIED ON THE BACK. DATE OF SEPARATION (See #6 on back.) FORWARDING INFORMATION ON EX-EMPLOYEE IF KNOWN: LAST KNOWN HOME ADDRESS NEW WORK ADDRESS ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 1. Binding Effect: This Order/Notice is binding on you until you receive further notice from the State. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority unless otherwise agreed to by IRS. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which the amount was withheld from the employee's wages. 5. Employee/Obligor with Multiple Support Withholdings: If there is more than one Order/Notice To Withhold Income For Child Support against this employee/obligor and are unable to honor all support Orders/Notices due to Federal or State withholding limits, you must immediately contact the agency that sent the most recent Order/Notice to determine how to divide the withheld income. You must honor all Order/Notices to the greatest extent possible. 6. Termination Notification: You must promptly notify the payee when the employee/obligor no longer works for you. Mark the space provided on the front and provide the State with the employee/obligor's last known home address and the name and address of the employee/obligor's new employer, if known. 7. Lump Sum Payments: If you have any questions about withholding from lump sum payments such as bonuses or commissions, contact the person listed on the front. 8. If this Order/Notice was issued by a State where you are conducting business, follow the laws and procedures where the employee/obligor is employed even if such laws and procedures are different from the provisions below. 9. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and any other penalties set by State law. 10. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a child support withholding. 11. Withholding Limits: You may not withhold more than the lesser of the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)) or the limits of the State in which the employee/obligor is employed. State limit: The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as; State, Federal, local taxes, Social Security, and Medicare taxes. Issuing Agency The following are instructions to complete the Order/Notice to Withhold Income for Child Support. When completing the form, please include the following information. 1a. Name of your State. 1b. Name of your jurisdiction. 2. Date the Order/Notice to Withhold is to be mailed. 3. Identifying number used by the court/agency issuing this Order/Notice, if appropriate. 4 a-c. Check the appropriate case status of the Order/Notice to Withhold. 5. Employer/Withholder's nine digit Federal employer identification number (if available). Include three digit location code (if known). 6a. Employer/Withholder's name. 6b-d. Employer/Withholder's mailing address. (This may differ from the Employee/Obligor work site.) 7. Employee/Obligor's last name, first name, and middle initial (if known). 8. Employee/Obligor's Social Security Number. 9. Case identifier (or other identifier) used for recording the payment. (May be the same as #3.) 10. Custodial Parent's last name, first name, and middle initial (if known). 11. Name of State that issued the underlying child support order. 12. Your State code provision that requires or authorizes income withholding to pay child support. 13a. Dollar amount to be withheld for payment of current child support. 13b. Time period that corresponds to the amount in #13a (e.g., month). 14a. Dollar amount to be withheld for payment of past-due child support under your State law. 14b. Time period that corresponds to the amount in #14a (e.g., month). 14c. Check this box if arrears are 12 weeks or greater. 15a. Dollar amount to be withheld for payment of medical support, as appropriate, based on the underlying order. 15b. Time period that corresponds to the amount in #15a (e.g., month). 16a. Dollar amount to be withheld for payment of miscellaneous obligations, if appropriate, based on the underlying order. 16b. Time period that corresponds to the amount in #16a (e.g., month). 16c. Describe the amount(s) represented in #16a separately by fee type (e.g., court fees). 17a. Total of #13a, #14a, #15a, and #16a. 17b. Time period that corresponds to the amount in #16a (e.g., month). 18a. Amount an employer withholds if the employee is paid weekly. 18b. Amount an employer withholds if the employee is paid every two weeks. 18c. Amount an employer withholds if the employee is paid twice a month. 18d. Amount an employer withholds if the employee once a month. 19. Number of days in which the withholding must begin pursuant to the law of your State. 20. Number of working days an employer or other payor of income must remit amounts withheld pursuant to the law of your State. 21. Amount or percentage that an employer or other payor of income may deduct in addition to child support from its payment as a fee for withholding child support pursuant to the law of your State. If your State does not permit deduction of a fee, enter 0. Employers with employees/obligors located in another State should know those State laws. 22. Maximum percentage that can be withheld based on the applicable withholding limit of your State. If the employer is a Federal agency and you add the additional 5 percentage points allowed under the Federal Consumer Credit Protection Act to the percentage entered for #22 (i.e., 65%; or 55% instead of 50% if the obligor supports a second family), check #14c on the Order/Notice to indicate the support is 12 weeks or more in arrears. 23a. Case identifier or other identifier. (May be the same as #3 and/or #9.) 23b. Federal Information Process Standard (FIPS) code for transmitting payments through EFT/EDI. The FIPS code is five characters that identifies the State and county. It is seven characters when it identifies the State, county, and a location within the county. It is necessary for centralized collections. Complete only for EFT/EDI transmission. 23c. Receiving agency's bank routing number. Complete only for EFT/EDI transmission. 23d. Receiving agency's bank account number. Complete only for EFT/EDI transmission. 24a. Name of the child support enforcement agency to which payments are made and the case identifier on the payment line. 24b-d. Street address, City, and State of the child support enforcement agency identified in #24a. 25. Check the box if the employer is to provide a copy of the Order/Notice to the employee. 26a. Name of the child support enforcement agency's contact person who an employer may call for information regarding the Order/Notice. 26b. Telephone number of person who an employer may call for information regarding the Order/Notice. 26c. Facsimile number for the person whose name appears in #26b. 27a. Name of the person who the employee/obligor can contact for information regarding the Order/Notice. 27b. Telephone number of the person or office whose name appears in #27a. 28a. Name of the official authorized to send the Order/Notice. 28b. Signature of official authorized to send the Order/Notice. This line is optional if a signature is not required by State statute. 29. Penalty and your State citation for an employer who fails to comply with the Order/Notice. Your State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 30. Penalty and your State citation for an employer who discharges, refuses to employ, or disciplines an Employee/Obligor as a result of the Order/Notice. Your State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 31. Your State law and citation regarding the Federal Consumer Credit Protection Act. Your State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 32a-d. Name and address of the agency or court that issued the Order/Notice. If the employer is a Federal Government agency the following instructions apply. þ Serve the Order/Notice upon the governmental agent listed in 5 C.F.R. part 581, appendix A, by certified or registered mail, return receipt requested, or by personal service. þ Attach correspondence to the Order/Notice that indicates: the obligor's date of birth; the component of the governmental entity for which the obligor works; the obligor's official duty station or work site; and the status of the obligor (e.g., employee, former employee, or annuitant). þ You may withhold from a variety of income and forms of payment, including incentive pay and cash awards. For a complete list see 5 C.F.R. 581.103. Pilot Plan to Test the Form for Order/Notice To Withhold Income for Child Support The Federal Office of Child Support Enforcement (OCSE) in conjunction with State Child Support Enforcement (CSE) agencies and employers would like to reduce the overwhelming burden of processing and enforcing income withholding orders. To date, State CSE agencies have received cooperation from employers, but frequently many employers still have difficulty processing the array of income withholding forms. In 1993, the Income Withholding Form Work Group was established to develop a standardized form that expedites intra (within the State) and interstate (across State boundaries) income withholding for child support. The Work Group members are Federal and State CSE staff, representatives from the American Payroll Association and the American Society for Payroll Management, and several employers. Designing this standardized form to replace various types of income withholding forms used by CSE agencies was our first objective. In many ways the form will help standardize the process of income withholding which is the ultimate objective. Another objective was to help relieve problems and/or barriers of income withholding such as: delays in receipt of payments to CSE agencies which in turn delays payments to custodial parents; employer resistance in processing child support orders; and uncollected child support payments due to the burden of complicated administrative paperwork. Use of the standardized form should demonstrate that income withholding orders can be processed and executed more quickly, thus a benefit to CSE agencies and employers alike. Some of the immediate benefits should be an increase in collections and reduction in delinquent child support payments. Employers will benefit by a reduction in paperwork. The Work Group gave each State CSE agency an opportunity to submit written comments on what information they require to process income withholding orders. This was one way to build a foundation for the form that would meet the CSE agencies' needs. After consolidating the recommendations, a model form was developed and distributed again for comments to State CSE agencies, legal counsels, and employers. The Work Group reviewed the responses and spent many hours discussing issues; both from the CSE program's and the employers' perspectives, encountered in processing income withholding orders. We recognized that caseworkers and employers want a simple, descriptive, user- friendly form to reduce time spent in processing income withholding orders. After months of conference calls, regional meetings, and revisions the Work Group developed a standardized form titled "Order/Notice to Withhold Income for Child Support." Now that the draft form is complete, the next step for the Work Group is to pilot test the form with several States and local child support enforcement agencies. The pilot test will indicate whether the form is effective in expediting intra and interstate income withholding orders, can reduce time in remitting child support payments from an employer, and is arranged in an acceptable user-friendly format providing pertinent information for the caseworkers, court staff, and employers. The pilot test period will be approximately six months in length. This will enable caseworkers, court staff, and employers time to use, process, and provide an accurate evaluation of the form. We (the Work Group) would like to encourage as many State and local CSE agencies, courts, and employers to participate in the pilot test to ensure the form meets all its users' needs. Each agency will be responsible for selecting appropriate cases for the pilot. The pilot is divided into four phases: þ Phase I - The Work Group solicits CSE agencies to test the form. Letters are sent to court administrators, associations, and IV-D directors to encourage States to participate in the pilot test. Statewide participation is not required for the pilot test. The State may select one jurisdiction, or the State may want to pilot the form on a statewide basis with a few employers. The participating State should appoint a representative contact person to coordinate the pilot with the Work Group's Chairperson. þ Phase II - This is the set-up/preparation time. The Work Group Chairperson coordinates with the State CSE Representative to determine the details of the pilot test. A diskette is available for jurisdictions to produce diskette generated forms. The diskette is in Wordperfect 5.1 format. During this phase, States will provide information to the appropriate employers and coordinate outreach efforts. þ Phase III - This is the actual test phase when the form is used for income withholding on selected CSE cases. The test will be approximately six months in length. During the pilot test the Chairperson will have frequent contact with the appointed representatives to obtain feedback on the form's usage. OCSE will work with States to provide technical assistance as needed. þ Phase IV - This is the analysis and evaluation phase. It is important to get feedback from the users of the form in case revisions are needed before the form is finalized. OCSE will provide the pilot sites with an evaluation for employers and users to complete. Comments from the caseworkers and employers will be submitted to the Chairperson. The Work Group will review the evaluation and make the appropriate revisions to the form. Frequent followup on the form's usage is important in the event the form requires revisions during the test. Results from the pilot test will indicate if it is feasible to use this standardized form (or a similar version) for intra and interstate income withholding. The pilot test results will assist in determining the following: þ Do the instructions serve as an informative guide to complete the form? þ Does the form assist in processing and collecting child support payments faster? þ Is the form user-friendly to employers' payroll administrators? þ Does the form meet all users' needs? þ Does the form provide pertinent information needed to expedite an income withholding order? þ Is the form's format acceptable? Survey questions for the CSE agency: þ Is the spacing sufficient to enter the appropriate information? Please provide specific examples. þ Did you use the diskette version of the Order/Notice? þ Does the diskette version of the form simple to install on your personal computer? If not please explain. - Were the problems related to your personal computer hardware or software applications. - What were the problems you experienced? - What improvements could be made to the diskette generated form? þ How many cases were processed in the pilot test?
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