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Child Support Services Determining Amount to be Withheld

How do I determine the amount of an employee/obligor's income to withhold for child support?
 
The entire sum withheld by the employer, including the cost recovery fee and premiums due from the obligor which are incurred solely because of a withholding order, shall not exceed 50% of the employee's/obligor's disposable income as defined by section 302(b) of the Consumer Credit Protection Act (CCPA).  If amounts of earnings required to be withheld exceed the maximum amount of earnings which may be withheld under this section, priority shall be given to payment of current and past due support, and the employer shall promptly notify the holder of the limited power of attorney of any non-payment of premium for a health benefit plan on the child's behalf. 

 

COMPUTING CHILD SUPPORT WITHHOLDING - KANSAS
 
The following worksheet example can be used as a template to determine the amount to be withheld for support from the employee/obligor's pay whether they worked full or part-time during a particular pay period. 
 
*Example figures have been entered.
 
Listing of key staff
Withholding Guideline Amount

A. Employee/obligor's gross pay per pay period:

Less:

1. Federal taxes (including social security and medicare)

2. State taxes

3. Retirement contributions

4. Disability contributions

 A : $550

 

A1: $100

A2: $40

A3: $60

A4: $50

B. Total to deduct from gross pay:

 

Add (A1) through (A4).

 B: $250

C. Disposable earnings

Subtract the above total (B) from gross pay (A).

 C: $300
D.  Income Withholding Limit:  The Kansas limit for income withholding orders is 50% of disposable income.  If there is more than one IWO for an employee, the 50% limit still applies. ​

 

D:   50%​

E. The most that can legally be withheld: Multiply (C) times (D)

 

 E: $150

F. Total Support Obligation per pay period: (See Order Information on Order/Notice to Withhold Income for Child Support)

  • Order 1 - Sue Doe v. Tom Doe
  • Order 2 - Mae Jones v. Tom Doe
  • Order 3 - Jane Smith v. Tom Doe​



 F: $75
 F: $65
 F: $80

G. Total Child Support Obligation per pay period

Sum of all Support in (E) above​

 G: $​220
H. Cost recovery fee(optional)​  H: $​0

I.  Amount to Withhold

Lesser of (E) or (G)​

 I: $​150
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 HOW TO PRO-RATE MULTIPLE CHILD SUPPORT ORDERS
 
When the 50% limitation does not permit full satisfaction of multiple Income Withholding Orders:
 
1. Add the employee's current child support amounts together. Separately add the arrearage amounts together.
Listing of key staff
Orders Current Support Amount Arrears Amount
Sue Doe v Tom Doe $75.00 $25
Mae Jones v Tom Doe $65.00 $15
Jane Smith v Tom Doe $80.00 $20
Support Orders Total: $220.00 ​$60.00
 
 
 
 
 
 
 
 
2. Determine the percentage for current support for EACH order and its arrearage using the 'Support Orders Total' in the example above ($220 for current support; $60 for arrears). 
Listing of key staff
Orders % of Current Support % of Arrearage
Sue Doe v Tom Doe $75 / $220 =.340 or 34% $25 / $60 = .416 or 42%
Mae Jones v Tom Doe $65 / $220 =.296 or 30% $15 / $60 = .250 or 25%
Jane Smith v Tom Doe $80 / $220 =.363 or 36% $20 / $60 = .333 or 33%

 

 

 

 
 
 
 
3. Refer to the amount that can be legally withheld from Tom Doe's paycheck (Withhholding Guideline Example I). The amount in the example is $150.00. Based on the bolded percentages in the above example '% of Current Support' column, multiply the '% of Current Support' percentage by the maximum amount to be withheld ($150.00).
Listing of key staff
Orders Amount Due Per Order Arrears Amount Due Per Order
Sue Doe v Tom Doe .34 x $150 = $51.00 $0.00
Mae Jones v Tom Doe .30 x $150 = $45.00 $0.00
Jane Smith v Tom Doe .36 x $150 = $54.00 $0.00
 
 
 
 
 
 
 
 
RECAP: For this example, the maximum amount possible to be withheld from Tom's paycheck was $150.00 (50%). Of the $150.00, it was determined the amount for Sue's court order is $51, Mae $45, and Jane $54. Because only $150.00 of Tom's paycheck can be used, no amount for arrears was able to be withheld, as current support obligations must be paid first. Tom needs a disposable income of over $220.00 to pro-rate and remit any payment toward arrears. In this type of situation, the employer MAY want to suggest Tom consider requesting a modification of current child support since he is unable to meet his full obligations.