When there is a divorce in New York and there are children that need to be supported, the state will take steps to ensure that the child support is paid on time and in full. In some cases, there will be income withholding by the employer so it can be sent directly to the custodial parent. However, some noncustodial parents are concerned about how much of their income will be withheld. They might have other obligations or the amount could be problematic for them to make ends meet. Understanding how much maximum withholding can be is important. If there are divorce legal issues, it is crucial to have legal help in addressing them.
With child support, the Consumer Credit Protection Act mandates limits on what can be withheld. It can range from 50 percent to 65 percent of the worker's disposable income. There are several factors that will determine how much can be taken. First, there is the date in which the income withholding order was made; second is the amount of time the person is in arrears; and third is if there are older IWOs and the person has other dependents to support. There are various factors that will determine the limits.
The date of the IWO having been made on Aug. 29, 2018 or later will then assess the length of time for which the person is in arrears. If it is more than 12 weeks, it will be 55 percent of the disposable income. If there were no arrears or it is less than 12 weeks, it will be 50 percent. If the IWO was before that date and there were arrears for more than 12 weeks with the person supporting another child or spouse, it will be 55 percent. If it was before that date and there are no arrears or arrears for less than 12 weeks while supporting another child or spouse, it will be 50 percent. If there is no other spouse or child and it is in arrears for more than 12 weeks, it will be 65 percent; for no arrears or less than 12 weeks, it will be 60 percent.
Income withholding for noncustodial parents who are behind on their payments or are simply having the income withheld to make the payments easier should know how much can be withheld. If there is an issue with making the payments or a dispute about a situation, having legal assistance is imperative. Calling a law firm that has experience in divorce and its aftermath can be useful in a case.