Notices to Withhold - Frequently Asked Questions
How does the Department of Child Support Services let me know that I must withhold child support from an employee's income?
Employers will receive a Notice To Withhold or a Notice of Wage and Earnings Assignment for your employee. The notice tells you how much to withhold from your employee's earnings for current support, delinquent support (arrears), or both. It tells you where and how to send in payments and explains your rights and responsibilities under California Law.
After I receive the notice, how soon must I begin to withhold?
Withhold money from the employee's net disposable earnings as soon as possible, but no later than 10 days after you have received the notice.
What are earnings?
Wages, salary, bonuses, vacation pay, retirement pay, commission, payments for services of an independent contractor, dividends, rent, royalties, residuals, patent rights, mineral and other natural resource rights, payments due as a result of a written or oral contract for services or sales, and any other payment or credit that result from an enforceable obligation.
Do I wait until the end of the month to send in the payment?
No. You must send the money withheld to Child Support Services within 10 days of the pay date. You may deduct $1.00 from the employee's earnings for each payment to defray your expenses.
Where do I send the support?
Send your payments to:
Kern County Department of Child Support Services
P.O. Box 2147
Bakersfield, California 93303
What information do I send with the payment?
Please provide the employee's name and Social Security Number, the KCDCSS case number, the KCDCSS identification number, and the withholding date/s.
Yes. Effective Jan. 1, 1998, all states were required to honor income withholding orders from other states. This is through the authority of the Federal Uniform Interstate Family Support Act (UIFSA).
What do I do if the employee does not have sufficient earnings to satisfy the Notice To Withhold?
Never withhold more than 50 percent of the disposable earnings, unless the court order specifies a higher percentage.
What if the employee already has income attachments?
You must honor all support withholding notices and federal tax withholdings if it was in place prior to the withholding notices.
Do I need to advise the employee that I received the Notice To Withhold?
Yes. It is your responsibility to provide the employee with a copy of the Notice To Withhold and the blank Request for Hearing within 10 days of receipt of the notice.
What should I do if the employee tells me the Notice To Withhold is incorrect?
Payments must continue until further order of the court or notification from the KCDCSS. You will be held liable for any amount you fail to withhold and can be cited for contempt of court. You should refer the employee to Kern County Department of Child Support Services or private counsel for assistance.
What if the employee quits after I begin withholding?
If the employee quits, you must notify KCDCSS no later than the date of next payment. Also, you must provide the employee's last known address and, if known, the name and address of the new employer.
What if I terminate or lay off the employee?
You have the same duty to report the termination of employment that you have if the employee quits. An employer who terminates, disciplines or refuses to hire an employee BASED ON income withholding will face legal penalties.
I have several employees with Notice To Withhold's. May I combine their child support in one check?
Yes. You may combine all child support withholdings in one check. If you choose to combine the support payments of several employees, you must identify each payment by the name of the employee, KCDCSS case number, amount, and date of withholding.
Do I need to tell KCDCSS when I withheld the payment?
Yes. The withholding date, a.k.a. the date of collection, or pay date, must also be included on the check or check stub.
What is the difference between a Notice To Withhold and the Wage Assignment Order?
One is an administrative order (the NTW) and the other is a court order. They are treated the same, hold the same weight, and require the same processing by the employer. Their appearance may be somewhat different but their function is the same.
We have an employee with the SSN listed on the Notice To Withhold, but the name is not the same. What should we do?
As you are aware, there are problems with people using more than one SSN. When this occurs, please call our Employer Assistance Line for clarification at (661) 868-2830. We may have an alternate name or SSN that the employee uses.
Why does KCDCSS keep sending letters when I have already told Child Support Services that the person is no longer an employee?
Unfortunately, this happens. Our system automatically works cases in which we need to locate the non-custodial parent. This means that it will research for earnings, addresses, and assets which may result in multiple contacts to prior employers.
Why won't you speak to the employer when the employer is acting on behalf of his/her employee?
We are bound by strict confidentiality guidelines. We can only discuss certain issues with an employer. If your employee has concerns, please have them contact our office either by phone at (661) 868-6500, mail or coming into our office.