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1 Involuntary Deductions in General Tax Levies Child Support Creditor Garnishments Bankruptcy Other Federal Involuntary Deductions Federal Wage-Hour Law Restrictions 1

2 Voluntary Wage Assignments Union Dues Credit Union Deductions US Savings Bonds Charitable Contributions Employer nor employee have control Employer responsibilities Is the order valid? Notify the employee exemptions, how the order affects net pay How much to withhold? Determine priority Contact legal counsel 2

3 Child Support Bankruptcy Federal Administrative Garnishment* Federal Tax Levy* Student Loan** State Tax Levy Local Tax Levy Creditor Garnishment ER has duty to honor levy, not determine validity Priority vs. other attachment orders IRS limits how much the employee can take home, not how much is withheld 3

4 4

5 5

6 1) Take-home pay 2) Amount exempt on Pub ) Payroll deductions initiated after the levy $1,600 biweekly 8/1/13-668W for $25,000 Married filing jointly w/ 3 exemptions on Part 3 As of Aug 1 st he had the following deductions: FIT $107 FICA $ SIT $40 401(k) $48 Health insurance $45 Total $ What is Arthur s take home pay? $1, = $1,

7 How much is exempt from the levy? What is Arthur s take home pay? $1, = $1, How much is exempt from the levy? $ How much will be withheld and paid to the IRS? $1, = $

8 $1,600 biweekly Feb 1 st new Part 3 Married filing jointly w/ 4 exemptions on Part 3 Changes to deductions: FIT $85 SIT $40 401(k) $80 Health insurance $55 Total $ What is Arthur s take home pay? $1, = $1, How much is exempt from the levy? 8

9 What is Arthur s take home pay? $1, = $1, How much is exempt from the levy? $1, How much will be withheld and paid to the IRS? $1, , = $ What is Arthur s new net pay? $1, = $1,

10 Part D of Title IV and the CCPA OCSE = Office of Child Support Enforcement 10

11 Maximum to withhold disposable earnings CCPA limits Be sure to check state law! Current Arrears If the employee supports another spouse/family If the employee does not support another spouse/family 50% 55% 60% 65% Net Pay before IWO Disposable Earnings Gross pay $1, $1, FIT SIT FICA Health Insurance (k) Legal Net Pay $ Disposable Earnings $1,

12 Net Pay before IWO Disposable Earnings Gross pay $1, $1, Net Pay $ Disposable Earnings $1, Maximum withholding = $ ($ x 60%) $ < $700 Net pay = $ ( ) No later than 14 working days In effect until termination is sent Payment to the SDU, unless tribal order Cannot discharge, discriminate, or discipline 12

13 13

14 14

15 15

16 Sending State Payment info Medical support Fees & Costs for CSEA, court, & attorney Arrears/Interest EE Work State ER fees & penalties Disposable income Maximum withholding Timing Priority 16

17 Method 1 Percent Method 2 Equal Method 3 FCFS 17

18 Lessor of: 25% weekly disposable earnings; or The amount of weekly disposable earnings over 30 x federal minimum wage 18

19 Michelle s disposable earnings for a week are $250, when a creditor garnishment is received asking for $300 be withheld. The maximum amount of Michelle s disposable earnings that can be garnished is determined as follows: $250 x 25% = $62.50 $ = $32.50 $32.50 < $62.50, so only $32.50 is WH Ralph s disposable earnings for a biweekly pay period are $1,000. He has an IWO for $400, is not in arrears and supports another family. What is the maximum that can be withheld? $1,000 x 50% = $500 What are Ralph s disposable earnings under CCPA? If Ralph received a creditor garnishment for $500, how much would be withheld? 19

20 Ralph s disposable earnings for a biweekly pay period are $1,000. He has an IWO for $200, is not in arrears and supports another family. What is the maximum that can be withheld? $1,000 x 50% = $500 What are Ralph s disposable earnings under CCPA? If Ralph received a creditor garnishment, how much would be withheld? Notification from Bankruptcy Court or Trustee Child support has priority Amount to withhold When to stop withholding 20

21 Student Loans Federal Administrative Wage Garnishments Maximum amount to withhold is the lessor of: 15% disposable earnings or 30 x minimum wage x no. of weeks in pay period Multiple orders increase to 25% Disposable earnings include health insurance!!! 21

22 Board, lodging, & other facilities EE s benefit = YES ER s benefit = NO Uniforms NO Loans Principal = YES Interest = NO 22

23 Salary advances & Overpayments YES* Docking for missed work time If docked = time lost, YES If docked + penalty, NO Taxes, Garnishments, Wage assignment s don t count! Not protected under CCPA Watch out for state laws! Can be revoked at any time by employee 23

24 Sometimes, EEs have the option of paying dues on their own or through payroll deduction Voluntary authorized by federal labor law, as long as amount WH is for dues, initiation fees, & assessments only. Must have written consent from EE 24

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