Employment and Income Verification
The Department of Child Support Services searches for parents in order to request income information to properly determine a child support amount, to verify employment in order to serve a child support wage assignment, to serve them with child support actions, or to deliver other official documents.
Child support agencies have the legal authority to locate obligated parents and their financial assets. State and federal laws require employers to provide this information. Forms sent by child support agencies contain proper identification and cite the legal authority allowing them to make the inquiry.
Most verification requests pertain to financial resources, location and/or the availability of medical support.
Your Employee's Responsibility
- If your employee is not in agreement with the withholding order, they must notify the Department of Child Support Services-- it is not your responsibility.
- Even if your employee tells you that the withholding order is incorrect or the wrong amount is being withheld, it is their responsibility (not yours) to clarify the situation with their child support officer.
- Do not stop withholding your employee's earnings unless the Department of Child Support Services instructs you to do so.
You must begin withholding money from your employee's net disposable earnings as soon as possible, but no later than 10 days after you have received the child support wage assignment. You must send payment within 7 working days of the pay date. Make the check payable to:
P.O. Box 989067
West Sacramento, Ca 95798-9067
In order to properly post the payment, please provide the employee's case identifier number, the employee's name, and the pay dates. Refer to the cover letter and instructions page included with the wage assignment.
If you fail to withhold and forward child support payments, you may be personally liable for the amount of support not withheld, and you may be held in contempt of court. If you do not follow the terms of the child support wage assignment, you are breaking the law. An employer may face civil penalties for contempt for failing to follow the wage withholding order or notice. For each month that you are found in contempt, you may be fined up to $1,000. In addition, if you willfully fail to remit the support, the Department of Child Support Services will attempt to collect the amount due. If you fail to forward support or if you have not complied with the wage assignment three times in the last 12 months, the Department of Child Support Services may ask the court to consider an electronic transfer of funds for the amount due from your business account at your bank. The court might also impose a civil penalty of up to 50% of the amount not received, in addition to any counts of contempt that may be found against you.
Fees for Processing and Withholding Child Support Payments
You may deduct an additional $1.00 from your employee's earnings for each payment that you make for processing and withholding the child support payments. This $1.00 is NOT to be deducted from the amount indicated under the child support wage assignment.
Informing Your Employee about the Child Support Wage Assignment
You must provide a copy of the child support wage assignment to your employee (this copy is attached to the withholding order that you receive). This will inform your employee that their wages will be garnished. This will also provide them with information about their rights and relevant procedures under the law to move or quash the wage assignment order within 10 days of receipt if they disagree with it.
California law prohibits you from discharging an employee from employment, refusing to employ, or taking disciplinary action against any employee because of a child support withholding order.