What happens if my employer doesn't withhold child support, or the right amount of support, from my paycheck?
If your employer is not withholding any child support from your paycheck, please contact our office in writing and we will send your employer an income withholding order. If we have already sent an order and your employer is not complying with it, we will contact your employer and try to straighten out the problem. In rare cases, when an employer refuses to honor an income withholding order, we will take legal action against the employer.
Although the court ordered you to pay a certain amount of child support and perhaps a certain amount toward arrears each week or month, your employer may not be allowed to withhold the full amount from your paycheck. Federal law requires that no more than 65% (or less, in some cases) of a person's net pay can be withheld for child support obligations. So, if you work a part time job, work for tips, or work a short week and your paycheck is less than usual, your employer may not be able to withhold all the child support and arrears you are ordered to pay.
It is your responsibility to make sure your court-ordered child support obligation is paid in full and on time, regardless of how much is withheld from your paycheck. Be sure to look at your pay stub each time you are paid. If your employer has not withheld the full amount, you must promptly pay the rest on your own. Visit our page on Paying Your Child Support for instructions.
Be aware that it is unlawful in Indiana for an employee to be fired soley because of an incoming withholding order.