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Child Support Enforcement (CSE)

Services: Income Withholding

Income Withholding Requirements

Following are income withholding requirements applicable in all states:

  • Employers must provide the pay date/date of withholding and the case identifier (found on the income withholding order) when remitting income withholding payments.
  • Employers must honor the income withholding order until notified by the issuing entity to terminate withholding.
  • Employers may combine withheld amounts from more than one employee's income in a single payment. Employers must, however, separately identify the portion of the single payment that is attributable to each employee.
  • Employers must honor an income withholding order before all other legal processes against the same income except for federal tax levies in effect before receipt of the income withholding order.
  • Employers must honor an income withholding order issued in another state as long as it appears "regular on its face." (Federal and state laws require the use of a standard income withholding order form.)
  • Employers must promptly notify the issuing entity of the employee's termination of employment. (See below for timeframes regarding those employees whose principal place of employment is North Dakota.) (NOTE: Parties subject to the court order are also responsible for reporting any changes in employment to Child Support Enforcement.)

Following are income withholding requirements applicable to those employees whose principal place of employment is North Dakota:

  • Employers must begin withholding no later than the first pay period after receipt of the income withholding order.
  • Employers must send the income withholding payment within 7 business days of the pay date/date of withholding. The payment must include the date that the money was withheld from the employee's income and the case identifier (found on the income withholding order).
  • Employers may withhold and retain an additional fee ("employer's fee") of $3.00 per month from the employee's income to cover expenses involved in transmitting the payment.
  • Employers must not withhold an amount, including the employer's fee, which is more than 50% of the employee's disposable income. A payment of an amount less than the ordered amount must be accompanied by a written payroll calculation.
  • Employers must withhold the maximum amount permitted when served with more than one income withholding order. If all of the income withholding orders are from the North Dakota Child Support Enforcement program, the employer should withhold the maximum amount permitted and send the payment to the North Dakota State Disbursement Unit (SDU). The SDU will prorate the funds according to state and federal law. If the income withholding orders are from 2 or more states, the employer may contact the North Dakota Child Support Enforcement program if help is needed in determining the amount to send to each of the states.
  • Employers must notify the issuing entity, in writing, of the employee's termination of employment within 7 business days of the termination. (NOTE: Parties subject to the court order are also responsible for reporting any changes in employment to Child Support Enforcement.)

 

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