Paying Child Support: Income Withholding

Income Withholding for Child Support in Washington State

Income withholding is a process where a portion of an individual's paycheck is automatically deducted to fulfill child support obligations. In Washington State, income withholding is generally mandatory unless specific circumstances, such as military service or certain types of disability, apply.

This system ensures that child support payments are received regularly, helping to guarantee the financial stability of children and their custodial parents. It's a reliable method that minimizes the need for ongoing court enforcement actions, such as wage garnishment or property seizure.

By automatically deducting the child support amount from each paycheck, the process reduces the administrative burden on both the payor and the payee. It also helps to prevent missed or late payments, which can lead to additional complications and potentially impact the child's well-being.

It is important to note that income includes your paycheck, tips, bonuses, and other payments under your employer’s control. If you are an independent contractor, the income withholdings can include bonuses, draws against earnings, and commissions.

Income Withholding: Outlined in Support Agreement

Income withholding is common in child support cases, but it's important to note that it's not always automatic. The primary condition for income withholding is the presence of specific terms in the child support order that explicitly authorize the withholding of income.

When a court issues a child support order, it often includes provisions detailing how the payments will be made. If the order explicitly states that income withholding should be implemented, the payor's employer will be notified of the requirement. This notification will typically include details about the amount to be withheld and the frequency of the deductions.

However, if the child support order does not mention income withholding, it's generally not mandatory. In such cases, the payor may be responsible for making payments directly to the payee.

If your order requires income withholding, the Washington State Department of Social and Health Services (DCS) will send a notice to your employer that goes into effect on the day of receipt. They have 20 days to file a response.

How Much Income Can You Expect to Be Withheld?

The state is only allowed to withhold up to 50% of your net income. This means the withheld funds are taken from your wages after taxes and fees are deducted.

Consequences of Not Paying Child Support

It is important to note that failure to make payments can lead to income withholding. Even if your child support order says you will make payments another way, the court can order your employer to take support from your paycheck after continued missed payments.

Help With Child Support Issues

A qualified family law attorney, like the team at McKinley Irvin, is equipped to answer questions about how support is calculated and how it might be collected. An attorney can also help you pursue enforcement or modification actions. If a co-parent fails to make payments, they can discuss what options you have for getting back owed payments and getting future payments. If circumstances have changed, a family lawyer can help you move to get payments increased or decreased based on your and/or your child’s changing needs. Contact our firm for help with divorce, child custody, child support, and other family law issues in Washington state.