Employers and financial institutions need to follow these regulations to facilitate timely child support payments.
For Employers:
After you receive a Notice to Payor/Income Provider to Withhold Obligor Income/Assets, you must begin withholding that employee’s income for child support no later than the first pay period that occurs after 14 working days following the date the Notice to Withhold was mailed.
Payments shall be deducted from the employee’s income each time the employee is paid. Deductions shall be mailed immediately to Child Support Payment Central (CSPC), but no later than seven working days after the payment or deduction has occurred. Deductions shall continue until the Child Support Enforcement Agency (CSEA) notifies you in writing to terminate or reduce the withholding.
For Financial Institutions:
After you receive a Notice to Payor/Income Provider to Withhold Obligor Income/Assets, you must begin to deduct from the obligor’s account no later than 14 working days following the date the Notice to Withhold was mailed.
Deductions shall occur monthly and be mailed immediately to CSPC, but no later than seven working days after the deduction occurred. Deductions shall occur until the agency notifies you in writing to terminate or reduce the withholding.
Lump Sum Checks/Bonus Payments
For Employers:
Pursuant to sections 3113.21 and 3111.23 of the Ohio Revised Code, for all active withholding orders in which an employee is entitled to a lump sum payment/bonus of $150.00 or more, you are required to notify the Clark County CSEA 45 days before the lump sum payment is to be made, or the day on which determination is made, if less than 45 days.
You shall hold the lump sum payment/bonus for 30 days after the date on which the lump sum payment/bonus would otherwise have been paid to the employee, and, upon order of the CSEA, pay any specified amount to this agency. If, upon receipt of notification that a lump sum payment/bonus is being awarded to the employee, this agency determines that the obligor is not in arrears of his or her support obligation, this office will forward written notification to you allowing the release of said lump sum payment/bonus to the employee.
When remitting the lump sum payment to CSPC, you must indicate it is a lump sum to ensure correct processing.
Termination of Accounts
For Financial Institutions:
For all active withholding orders, you shall promptly notify the CSEA in writing within 10 days after the date of any termination of the account from which the deduction is being made or whether a new account at your financial institution has been opened for the obligor.
Fines for Noncompliance with a Withholding Order
Employers:
If you fail to withhold income in accordance with the provisions of the notice, you shall be liable for the accumulated amount that should have been withheld from the obligor's income. If you fail to comply with any requirement of the withholding order, the CSEA may bring an action under 3111.28 of the Ohio Revised Code requesting the court to find you in contempt of court pursuant to section 2705.02 of the Ohio Revised Code.
The law provides penalties, including fines and liability for monies not properly forwarded to the agency, for any employer who discharges, refuses to hire, or disciplines any employee because income is ordered to be withheld for payment of support. The court may impose a fine against you, as the employer, of not more than $200.00 for failure to withhold income or to notify the court or Child Support Enforcement Agency that a situation has occurred which prevents you from mailing the payment or complying with the order.
Financial Institutions:
The court may impose a fine against you, as the financial institution, of not more than $200.00. Failure to deduct funds from an account or to notify the court or the CSEA of the termination of an account from which funds are being deducted, or the opening of a new account within the same financial institution are grounds for imposition.
