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.
“Disposable earnings” means that part of the individual's earnings remaining
after the deduction of any amounts required by law to be withheld.
WVCODE 48-1-223
Child support withholdings take priority over all other garnishments against
the same wages except federal tax liens. Only after satisfying the child
support obligation (to the maximum allowed limit) may you honor the other
wage attachments.
WVCODE 48-14-417
No. Normally, you can add all amounts withheld together and write one check.
WVCODE 48-14-413
NOTE: Always check the remittance address. You may need to send to different
states or address in some circumstances.
You must continue to withhold wages according to the Order/Notice to
withhold until you are notified by the child support enforcement agency to
change the amount being withheld or to stop withholding. Please advise the
employee to contact the child support agency directly.
You are required to withhold the support when you receive an Order/Notice to
Withhold Income for Support from the Bureau for Child Support Enforcement or
from an out-of-state child support agency.
Yes. However, if the employee terminates his employment before the end of
the month, any child support paid in advance will not be refunded.
Yes, but it needs to be documented this is at the employee's request.
Yes. The employer is entitled to deduct an additional $1.00 per withholding.
WVCODE 48-14-406
No. If you have questions concerning certain payments, please contact the
Employer Relations unit at 800-249-3778 (or 304-558-4665 in Kanawha County).
Yes. 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.
No. You are required to send only the amount shown on the income withholding
notice. The only exception would be if you are not withholding the full
amount ordered because of low earnings.
The BCSE will send a termination or amended income withholding. Until a new
order is received, you must comply with the original order.
Yes, the withholding notice applies to all income, not just wages.
No, but the absence should be reported to the BCSE.
Contact the local child support office that issued the original income
withholding order and tell them that your employee has been called to active
duty and provide the date of activation. So long as the employee does not
have wages, you are not required to send support; however, when the employee
returns to work, you must begin withholding immediately.
Contact BCSE Employer Relations unit at 800-249-3778 (or 304-558-4665 in
Kanawha County).
Call 800-249-3778 (or 304-558-4665 in Kanawha County) and speak with someone
in the Child Support Employer Relations unit.
No. Contact the Employer Relations unit at 800-249-3778 (or 304-558-4665 in
Kanawha County) prior to placing a stop payment on the check.
Yes, please contact the Employer Relations unit at 800-249-3778 (or
304-558-4665 in Kanawha County) for additional instructions.
Upon written request, an employer is to provide information regarding an
obligor's employment, wages or salary, medical insurance, start date, and
location of employment to the BCSE.
Yes. All faxes should be sent to the Employer Relations unit at
304-558-1487.
Yes. Call the BCSE Employer Relations unit at 800-249-3778 (or 304-558-4665
in Kanawha County) and report the dates the employee will be off work.
Yes, unemployment is subject to income withholding.
Yes, this needs to be reported immediately.
Yes, this is a source of income that should be attached.
The WV Bureau for Child Support Enforcement (BCSE) sends one copy because
not all employers have the same pay cycle. The BCSE requests that you make
the appropriate number of copies based upon the pay cycles in your monthly
payroll.
Mail your remittance to:
WV BUREAU FOR CHILD SUPPORT ENFORCEMENT
P.O. BOX 247
CHARLESTON, WV
25321-0247.
NOTE: Always check the remittance address. You may need to send to
different states or address in some circumstances.
You are not required to send in the transmittal. However, it needs to be
reviewed for accuracy. The wage assignment transmittal form is sent to all
employers to ensure they have received an income withholding for each
employee listed. If an employee is listed on the wage assignment transmittal
and you are not remitting child support, you should call the employer
hotline at 800-249-3778 (or 304-558-4665 in Kanawha County) to obtain a copy
of the income withholding order.
EFT eliminates the cost to employers of printing paper checks, supporting
documents, and paying postage. EFT payments also reduce errors and eliminate
stop payments on lost checks.
Yes, every time someone is hired or rehired, you should report to new hire.