1. What do I do if the obligor does not make enough to withhold for both child support and medical coverage?
If the total to be withheld for both child support and medical support exceeds the CCPA limits, you must follow the prioritization required under state law in the state where the employee is employed to determine whether cash child support or medical support should be paid first. The total amount for both the cash child support plus the health insurance premium must fall within the CCPA limits. West Virginia law requires that priority be given to payment of the cash child support before deducting for the health insurance premium. The total amount withheld (the medical insurance premium plus the amount withheld for financial support) is limited under the Consumer Credit Protection Act (CCPA). The CCPA limits are based on the employee’s disposable income--the income that remains after federal, state, and local withholding taxes, and Social Security taxes (FICA) are deducted. Deductions for Individual Retirement Accounts (IRAs), medical expense accounts, etc. do not reduce disposable income.
The withholding limits for the child(ren)’s portion of the medical insurance premium range from 50% – 65% of the employee’s disposable income. The West Virginia CCPA limits for withholding cash child support range from 40 – 55% of the employee’s disposable income. (The CCPA limit for withholding cash child support for an individual employee is listed on that employee’s Order/Notice to Withhold for Child Support under the section labeled "Remittance Information".) West Virginia limitations are:
- 40% (an additional 10% if medical coverage is ordered) of disposable income if an employee has a second family;
- 45% (an additional 10% if medical coverage is ordered) of disposable income if an employee has a second family and has arrearages that are 12 or more weeks overdue;
- 50% (an additional 10% if medical coverage is ordered) of disposable income if an employee has no second family; or
- 55% (an additional 10% if medical coverage is ordered) of disposable income if an employee has no second family and has arrearages that are 12 or more weeks overdue.
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. (Put link to "Notice of Intent to Distribute Lump Sum Payments/Bonus Checks” form here) 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. What is considered the “child(ren)’s portion” of the medical insurance premium?
3. What do I do if the employee’s income varies and drops below the limits for withholding the insurance premium?
4. Can I still require a Qualified Medical Support Court Order or must I accept the National Medical Support Notice (NMSN)?
5. Does the National Medical Support Notice (NMSN) apply to unions who provide insurance coverage to members, either as a benefit upon payment of union dues or available at a group rate to members who choose to enroll?