Child Support Maximum Deductions?

jbanda

I hope I posting this in the correct forum, I have an employee that has several court order witholding for child support and I believe the sum of all deductions exceed the maximum allowed, does anybody know what is the maximum amount to deduct(child support) from an empoloyee in the state of Texas? do I use gross earnings or net? Do I use the other deductions(401k, med. den. etc..) to calculate his disposable income.


Thank you.

bsa

The total withheld amount cannot exceed 50% of the person's "aggregate disposable weekly earnings." ADWE is the net income left after making mandatory deductions such as, State, Federal, local taxes; Social Security taxes and Medicare taxes. There is also an order of priority for multiple withholding orders.

I took this very short answer from the information supplied with an order to withhold. Call the Texas Attorney General's Office at 800-850-6442 and ask for a copy of Chapter 158 of the Texas Family Code.

jbanda

Thank you

Stan PHR

As a former employee of Mississippi's child support program, I can tell you that the maximum is 50% if the noncustodial parent has another family he is supporting or 60% if no other family. Add an additional 5% to these percentages if the noncustodial parent is over twelve weeks behind on payments. Check your state statutes to ensure there are no regulations in your jurisdiction that allow for stricter withholding limits; however I doubt you will have any since the CCPA controls this.

Mike Maslanka

good responses...the law provides a mechanism to challenge an order if you have doubts on how to proceed...also,child support must be paid before spousal support...we will have an article on this issue in the december texas employment law letter...mike maslanka,214-659-4668