Also known as:income withholdings · wage withholding
Written by attorneys · grounded in primary & secondary sources — see below
An enforcement mechanism by which a tribunal directs a payer of income to an obligor to deduct specified amounts and remit them toward satisfaction of a support order. The mechanism reaches wages, commissions, per-unit fees, and similar recurring payments. It operates without requiring the payer to be a traditional W-2 employer or located in the same state as the original order.
Sources & Authorities
How it applies
Common Examples
2
Interstate Per-Acre Fee Withholding
Idris Ives owes child support under a valid order from his former home state. While working seasonally in another state, his child's mother petitions the local family court to enforce the order. The court directs Island Manufacturing, which pays Idris per-acre fees for harvesting work, to withhold amounts from those payments and remit them for support. The withholding order takes effect even though the cooperative is based out of state and pays on a piece-rate basis.
Salary and Bonus Deductions After Relocation
Ilana Isaacs was ordered in State A to pay monthly child support to Ivan Ivanov. After Ilana moves to State B and misses payments, Ivan petitions the State B court to enforce the existing order. The court orders Ilana to comply and directs automatic deductions from her salary and annual bonus at Imperial Motors. The order specifies both the amount and the method of compliance without replacing the original support order.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Casebooks
Course Outlines
Turner v. Rogers564 U.S. 431 (2011)
Common questions
Frequently Asked
4
Does income withholding apply only to traditional wages from a W-2 employer?+
No. The mechanism reaches any recurring payments an obligor receives, including per-acre fees, commissions, and bonuses. A responding tribunal may direct withholding from these sources provided another state law does not prohibit it.
Supporting sources
Can a responding tribunal in an interstate case order income withholding without first issuing a new support order?+
Yes. Once a valid existing support order is registered, the responding tribunal may enforce it directly by ordering compliance and specifying the amount and manner of payment, including through withholding. It need not replace the original order.
Supporting sources
What limits the amount that may be withheld from disposable earnings?+
The Federal Consumer Credit Protection Act caps withholding at 50 percent of disposable earnings for child support, with possible increases of 10 or 5 percent depending on whether the obligor supports another family or owes arrears exceeding twelve weeks.
Supporting sources
May a court award attorney fees when ordering income withholding in an interstate enforcement action?+
Yes. A responding tribunal that registers and enforces an out-of-state support order may award reasonable attorney fees and costs incurred in the enforcement proceeding, provided no other applicable law forbids the award.
Supporting sources
Family LawSeparation, divorce, dissolution, and annulment · Enforcement of awardsUBEFoundational