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Income Assignment

Legal Authority(ies):

An income assignment (I/A), or income withholding, is an enforcement remedy used to deduct current and/or past due support from the income of, or benefits due, an obligor. “Income” means any form of payment to an obligor regardless of the source (including, but not limited to, wages, salary, compensation as an independent contractor, worker’s compensation, disability, annuity and retirement benefits). “Delinquent” and “delinquency” mean any payment under an order for which support is due and remains unpaid.

The income assignment remedy is used whether an obligor is current or delinquent in his/her child support obligation. The required elements and steps to send an income withholding to an employer are listed below.

Required Elements:

If the following elements are present, child support sends an income withholding order/notice to any payor of income for an obligor.

  1. An obligation to pay child support through an order of district or administrative court has been established
  2. Open child support case
  3. The obligor has known income from a payor of income

Steps:

  1. Notice to the payor (employer) of income for the obligor (NCP). The income assignment* must contain:
    1. The obligor’s name, social security number and family group number
    2. The name(s) of the child(ren) for whom support is ordered
    3. The custodian of the child(ren) or the name of obligee
    4. The name of the court issuing the child support order and the date of order
    5. The amount the obligor is court ordered to pay in current and/or past due child support
    6. The effective date of the income assignment
    7. Instructions to the payor of income regarding the amount to deduct based on individual pay schedules and the address to remit deductions
  2. Amending or Modifying Notice of Income Assignments. Amendment or modification of an income assignments occurs when:
    1. The current child support has been modified or amended by a court order
    2. The past due child support has been modified or amended by a court order
      1. Child support amends/modifies the notice of income assignment to the new court ordered amount, sends a notice to payor of income and lists the effective date of the income assignment.
  3. Termination or Suspension of Notice of Income Assignments. Child support is allowed to terminate a notice of income assignment when:
    1. The obligor’s court ordered child support and/or past due support obligation is terminated by a court order (child support terminates the notice of income assignment, sends notice to payor of income and lists the effective date of notice of income assignment termination)
    2. There is an inability to deliver the income withheld to the person entitled to the current and/or past due support and the court orders suspension of the notice of income assignment (child support notifies the payor of income to suspend the income assignment)
  4. Defenses
    1. Obligor proves beyond a reasonable doubt he/she is not the person who owes the child support
    2. Obligor shows the court the amount of current child support or past due child support is inaccurate and warrants modification of the notice of income assignment
    3. The payor of income shows the court the obligor is not entitled to any income, is not an employee/receiver of benefits or there is no income from which the payor of income may deduct the amounts in the income assignment