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Order Or Notice To Withhold Income For Child And Spousal Support Form. This is a Ohio form and can be use in Mahoning County (Court Of Common Pleas).
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Tags: Order Or Notice To Withhold Income For Child And Spousal Support, DJFS 4047, Ohio County (Court Of Common Pleas), Mahoning
JFS 04047 (Rev. 12/2002)
Mahoning County Revision July 2006
Page 1 of 4
ORDER/NOTICE TO WITHHOLD INCOME FOR CHILD & SPOUSAL SUPPORT
(Ohio Revised Code 3121.037)
STATE: OHIO
County: MAHONING
Date of Issuance:________________
Order Number:_________________
FIPS Code:_____________________
_____Original Order/Notice
_____Amended Order/Notice
_____Terminate Order/Notice
_______________________________________
Employer/Withholder’s Federal EIN Number
RE:___________________________________________
Employee/Obligor’s Name (Last, First, M.I.)
Employer/Withholder’s Name and Address:
_______________________________________________
Employee/Obligor’s Social Security Number
_______________________________________________
_______________________________________________
_______________________________________________
Employee/Obligor’s Case Number
_______________________________________________
_______________________________________________
Employee/Obligor’s Date of Birth
_______________________________________________
_______________________________________________
Worker’s Compensation Claim Number
_______________________________________________
Financial Institution Account Number
____Checking
_____Savings
_______________________________________________
Custodial Parent’s Name(Last, First, M.I.)
Child(ren)’s Name(s):
D.O.B.
Child(ren)’s Name(s):
D.O.B.
_____________________________
____________
_________________________
_____________
_____________________________
____________
_________________________
_____________
_____________________________
____________
_________________________
_____________
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Child Support based upon an order for support from Mahoning County
Domestic
Relations or Juvenile Court. By law, you are required to deduct these amounts from the above-named employee’s/obligor’s income until the director or
designee of the county child support enforcement agency notifies you in writing to terminate or reduce the withholding even if the Order/Notice is not
issued by your State.
If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the
employee’s/obligor’s employment and to inform the child support enforcement agency of any lapses in coverage.
$________________________per month in current support (child and spousal)
$________________________per month in past-due child support
Arrears 12 weeks or greater?
__yes
__no
$________________________per month in medical support
$________________________per month – Subtotal (for Ohio Bureau of Employment Services Withholding)
$________________________per month in processing fees
For a Total of $_____________________ per month to be forwarded to the payee below.
THIS OBLIGOR’S ____________________________ PAY PERIOD DEDUCTION IS $__________________________.
(Weekly, Biweekly, Semimonthly)
JFS 04047 (Rev. 12/2002)
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JFS 04047 (Rev. 12/2002)
Mahoning County Revision July 2006
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You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support
payment cycle, use the following to determine how much to withhold:
1.If pay cycle is weekly, multiply the monthly amount by 12 and divide by 52.
2.If pay cycle is every other week, multiply monthly amount by 12 and divide by 26.
3.If pay cycle is twice monthly, multiply monthly amount by 12 and divide by 24.
REMITTANCE INFORMATION:
An employer must begin withholding no later than the first pay period occurring fourteen working days after the date of this Order/Notice. Send
payment IMMEDIATELY or within seven (7) working days of the pay date/date of withholding. Ohio Law. Financial Institutions are required
to send the amount deducted no later than fourteen (14) working days following the date this notice was mailed and are required to continue the
deduction thereafter. IMMEDIATELY, but not later than seven (7) working days after the payment or deduction is made. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of the employee for the allowable amount. Ohio Law.
A withholder may deduct a fee of $2.00 or 1% of the amount withheld, whichever is greater (including an employer paying workers’
compensation). A financial institution may deduct a fee of $5.00 or a fee not to exceed the lowest rate, if any, charged for a similar debt
transaction, whichever is less of the amount specified to be withheld.
The total withheld amount, including your fee, cannot exceed 65% of the employee’s/obligor’s aggregate disposable weekly earnings. For the
purpose of the limitation on withholding, the following information is needed (see #9 for more information).
When remitting payment, provide the Pay date/Date of Withholding, Obligor’s Name, Social Security Number, Case number and the Order
Number.
When remitting for more than one obligor, include the amount of payment for each person.
If you choose to remit by EFT/EFI, contact Ohio Child Support Payment Central to obtain bank file format (See Page 4 of this document)
Make check payable to:
Ohio Child Support Payment Central (CSPC)
P. O. Box 182394
Columbus, OH 43218
Authorized by: MAHONING COUNTY DOMESTIC RELATIONS OR JUVENILE COURT
If you or your employee/obligor have any questions, contact: CASE SUPPORT SPECIALIST by telephone at : (330) 740-2073 OR 1800-528-9511 or by FAX at: (330) 884-6962., or by mail at 709 North Garland, P.O. Box 119, Youngstown, OH 44501-0119.
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If checked you are required to provide a copy of this form to your employee.
1.Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income . Federal tax
levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below.
2.Combining Payments: You can combine withheld amounts from more than one employee/obligor’s income in a single payment to each
agency requesting withholding.
employee/obligor.
You must, however, separately identify the portion of the single payment that is attributable to each
3.*
Reporting the Pay date/Date of Withholding: You must report the pay date/date of withholding when sending the payment. The pay
date/date of withholding is the date on which amount was withheld from the employee’s wages. You must comply with the law of the
state of the employee’s/obligor’s principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the child support payments.
4.*
Employee/Obligor with Multiple Support Withholdings: If there is more than one Order/Notice to Withhold Income for Child
Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding
limits, you must follow the law of the state of employee’s/obligor’s principal place of employment. You must honor all Order/Notices
to the greatest extent possible. (See #9 below)
Ohio Law: Payors shall pro-rate the amount due when two or more support orders are received for this obligor, which when combined
exceed the limits of the Consumer Credit Protection Act. Multiply the current support order by a fraction with a numerator that
represents the available amount of income and a denominator that represents the total amount designated for payment in the notices.
JFS 04047 (Rev. 12/2002)
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JFS 04047 (Rev. 12/2002)
Mahoning County Revision July 2006
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Payors shall allocate to each notice an amount for current support equal to the amount designated in that notice as current support
multiplied
by a fraction in which the numerator is the amount of personal earnings, payments, pensions, annuities, allowances, benefits, other
sources of income, or savings available for withholding and the denominator is the total amount designated in all of the notices as
current support
If the total of the amounts designated in the notices as current support does not exceed the amount available for withholding under the
Consumer Credit Protection Act, the payor shall pay all of the amounts designated as current support in the notices and shall allocate to
each notice an amount for past-due support equal to the amount designated in that notice as past-due support multiplied by a fraction in
which the numerator is the amount of income remaining available for withholding after the payment of current support and the
denominator is the total amount designated in all of the notices as past-due support.
5.Termination Notification: You must promptly notify the payee when the employee/obligor is no longer working for you.
Please
provide the information requested and return a copy of this order/notice to the agency identified below:
EMPLOYEE’S/OBLIGOR’S NAME:________________________________________S.S.#:_____________________________
EMPLOYEE’S CASE IDENTIFIER:_________________________________DATE OF SEPARATION:__________________
LAST KNOWN HOME ADDRESS:___________________________________________________________________________
NEW EMPLOYER’S ADDRESS:_____________________________________________________________________________
Ohio Law: Payors shall notify this county child support enforcement agency in writing within ten (10) days after the date of any
situation that occurs in which the payor ceases to pay sufficient income to satisfy the ordered support, including termination of
employment, layoff of the obligor from employment, any leave of absence of the obligor without pay, termination of workers’
compensation or benefits, or termination of any pension, annuity, allowance, or retirement benefit.
Payors shall notify this county child support enforcement agency in writing of any benefits other than personal earnings due this
obligor due to: termination of employment, worker’s compensation benefits, annuity, allowance other benefit. Income, an account
from which a deduction is made; the receipt of unemployment compensation, receipt of workers’ compensation, severance pay, sick
leave, lump sum payment of retirement benefits or contributions, bonus, profit sharing, or distributions; the opening of any new
account at this or another known institution. In addition to the above required information, include the new employer’s name, the
social security number, date of birth and telephone number of the obligor.
Financial institutions must promptly notify this county child support enforcement agency, in writing, within ten (10) days after the date
of any termination of the account from which the deduction is being made and notify the agency, in writing, of the opening of a new
account at that financial institution, the account number of the new account, the name of any other known financial institutions in
which the obligor has any accounts and the numbers of those accounts. The financial institution must include in all notices the
obligor’s last known mailing address, last known residence address, and social security number.
6.Lump Sum Payments: Lump sum payments are income other than personal earnings that the obligor is receiving, or eligible to
receive, as a benefit of employment or as a result of termination of employment. “Cash out of vacation pay” means income disbursed
to an employee in lieu of actual vacation or leave taken. Any cash out of vacation is considered a lump sum payment and shall be
processed as any other lump sum payment. You may be required to report and withhold from lump sum payments such as bonuses,
commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority set forth on this
form.
Ohio Law: No later than the earlier of forty-five (45) days before the lump-sum payment is to be made or, or the date on which that
determination is made, (if the obligor’s right to the payment is determined less than 45 days before it is to be made), the payor shall
notify the county child support enforcement agency of any lump sum payment of any kind of one hundred fifty dollars ($150.00) or
more that is to be paid to the obligor, and on order of the court or CSEA, pay all or a specified amount of the lump sum to the Office
of Child Support.
7.Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor’s income and any other penalties set by State law.
Ohio Law: If the payor fails to comply with this notice, the county child support enforcement agency will bring an action requesting the
court to issue an order requiring the compliance pursuant to Ohio Revised Code Section 3121.37.23 or 3121.371. The payor may be
found guilty of contempt of court.
JFS 04047 (Rev. 12/2002)
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JFS 04047 (Rev. 12/2002)
Mahoning County Revision July 2006
Page 4 of 4
8.Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a child support withholding.
9.Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. Section 1673(b)); or 2) the amounts allowed by the State of the employee’s obligor’s principal place of
employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after
making mandatory deductions such as: State, Federal, Local taxes; Social Security taxes; and Medicare taxes.
According to the Federal Consumer Credit Protection Act (CCPA), the amount withheld is not allowed to exceed:
·
·
·
50% of the noncustodial parent’s disposable earnings if he/she is supporting a spouse, dependent child or both, other than a
party in the support order.
60% of the noncustodial parent’s disposable earnings if he/she is not supporting someone else.
The Act also allows an additional 5% to be withheld above the maximum amount permitted if the noncustodial parent is
twelve (12) or more weeks in arrearage.
Ohio Law: Financial institutions and unemployment compensation benefits are not subject to the CCPA. No more than 50% of the
noncustodial parent’s weekly unemployment benefit amount may be deducted.
*Note: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued
this order with respect to these items. This notice is final and enforceable by the court.
CHILD SUPPORT PAYMENT CENTRAL
Ohio now offers a centralized source for making child support payments on behalf of your employees. You can make one payment to one central source.
With Ohio Child Support Payment Central (CSPC) you can use CSPC-Direct (electronic data interchange), or CSPC-Through Your Financial Institution
(electronic funds transfer)
Call 1-888-965-2676 for your free Employer Kit.
JFS 04047 (Rev. 12/2002)
American LegalNet, Inc.
www.FormsWorkflow.com