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Income Withholding FAQ

If no arrears are owed or the arrearage has been owed for less than 12 weeks, the limit is:

a. 40% of the obligor's disposable earnings if the obligor is supporting another spouse or other dependents; OR
b. 50% of the obligor's disposable earnings if the obligor has no other spouse or dependents.

 

If the arrears are owed for twelve (12) weeks or more, the limit is:

a. 45% of the obligor's disposable earnings if the obligor is supporting another spouse or other dependents; OR
b. 55% of the obligor's disposable earnings if the obligor does not have another spouse or other dependents.

WVCODE 48-14-408

These withholding limitations do not apply to bonuses. The employer is to withhold and remit 50% of any bonus to the BCSE up to the amount of the total arrearage. Bonus checks should be reported to the Employer Relations unit electronically or by fax to 304-558-1487. [Notice of Intent to Distribute Lump Sum Payments/Bonus Checks] An Income Withholding Notice/Order will be mailed or faxed informing you of the appropriate amount to be withheld on a case by case basis.

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