1. What do I do when the obligor does not make enough to cover the
court-ordered amount to be withheld?
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.
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.
2. How do I determine the obligor's disposable earnings?
3. Are withholdings on a “first come, first serve” basis?
4. Some of our employees already have wage attachments against their paychecks.
How do we handle these attachments and child support?
5. If I receive multiple income withholdings, am I required to send a separate
check for each one?
6. What should I do if my employee tells me the amount being withheld is not the
correct amount or he/she already paid the child support directly to the
7. Must I withhold child support or can the employee pay it on his own?
8. May I pay the employee's income withholding amount in advance?
9. May I withhold additional money at the employee's request?
10. Income withholdings require extra work for my company. May I charge a fee to
my employees for processing the withholding?
11. May I get a printout of the payments I have sent in on a particular
12. Should I withhold on bonus checks?
13. If an employee works overtime, should an additional amount be withheld?
14. If an employee becomes deceased and is still owed wages, should I withhold
from the last check?
15. How will I know when to stop withholding or if the arrears are paid in full?
16. Are employers required to withhold child support from payments to an
17. If the employee is off work without pay, am I still required to send in
18. What do I do about the withholding if an employee is called up for active
19. If the BCSE did not receive a payment I mailed, is the replacement mailed to
the same address?
20. If I send money by mistake, is it possible to have it refunded?
21. If I make an error on the child support remittance, will I be required to
send payment as soon as possible to correct the error?
22. Can I be held liable for a mistaken payment?
23. If I receive information that a payment I sent was not received and the
payment has not cleared my bank, should I immediately stop payment on the check?
24. If I am withholding for another state, am I required to withhold on the WV
25. Is it my responsibility to report an increase in an employee's salary to
26. How and where do I report terminations?
27. May I fax termination notices, and if so, to whom?
28. If the obligor is terminated, do I need to report the new employer (if
known), and the obligor’s current address and telephone number to the BCSE?
29. Do I need to notify the BCSE when an employee is on a leave of absence?
30. If an employee is drawing unemployment, do I need to report this to BCSE?
31. If an employee provides a new address, should I report this to BCSE?
32. If an employee has filed for Workers’ Compensation, should I notify BCSE?
33. Why am I provided only one wage assignment transmittal form and required to
make additional copies each month?
34. Where do I mail child support payments?
35. Can I remit payments electronically?
36. If I remit payments electronically, what should I do with the paper wage
assignment transmittal form?
37. What are the benefits of sending child support payments electronically?
38. If an obligor leaves my employment and is rehired, do I need to report
through New Hire again?
39. Who do I contact with a change of address or new telephone number?
40. What do I do if I close or sell my business?