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Child Support Wage Assignments

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  What is a Wage Assignment?

A wage assignment is a special process that allows the court to order an employer to make direct payments to the custodial parent from the supporting parent’s wages. You can also directly apply to the court for a wage assignment. Remember that the notice of this action must be served on the paying parent’s employer.

The employer will deduct child support like any other deduction from the paying parent’s paycheck and send the money to the custodial parent. If the non-paying parent holds stable employment, this is a valuable tool for starting this process.

What Can Impact Wage Assignment?

What is the wage assignment duration, how does child support wage assignments function, how do courts enforce child support orders, when do i need to contact a lawyer.

If the non-custodial parent changes jobs, he must immediately notify the child support agency so the new employer can begin making the wage assignment payments. If the non-custodial parent becomes unemployed and receives unemployment compensation, the child support payment will usually be deducted from the unemployment benefits.

If the non-custodial parent is not receiving unemployment benefits, he is still mandated to make child support payments. However, it is recommended to report the loss of income to the court to ensure that the child support order adjusts accordingly.

A wage assignment is available only if the non-custodial parent is a salaried employee. If the non-custodial parent is self-employed or is otherwise not subject to wage withholding, he instead may be ordered to provide the child support payments directly to the child support agency.

If the non-custodial parent fails to make the required payments, the amount owed may be deducted from the non-custodial parent’s federal and state income tax refunds. Furthermore, liens may be placed on the non-custodial parent’s property, and the property may be sold to satisfy the child support owed.

In short, the non-custodial parent cannot escape the obligation to pay child support by moving to another state because all states must enforce child support against out-of-state non-custodial parents. Each state has its own form of interstate enforcement legislation, such as the Uniform Reciprocal Enforcement of Support Act (URESA), which allows for the enforcement of support orders across state lines more uniformly.

The wage assignment continues until the obligation to pay child support ends, whether there is a custody modification, the non-custodial parent passes away, or the child becomes emancipated. Emancipation happens when the child reaches the state’s age of majority, which is eighteen, according to the majority of states.

Emancipation may also occur if the child marries, enlists in the armed services, or leaves the care and control of the custodial parent. However, if the child returns to live with the custodial parent before reaching the age of majority, the obligation to pay child support usually resumes, and the non-custodial parent’s income will again be subject to a wage assignment.

After the court decides the amount of child or spousal support, the wage assignment informs the employer how much to deduct from each paycheck and where to send the payment. With a wage assignment, if the parent ordered to pay support is regularly employed, the employer will deduct the support payments directly from their paycheck.

Most support is paid this way, and federal, and state laws mandate it in almost all child support cases. Typically, it is the employer’s responsibility to withhold the wages if there is a wage assignment. If the parent has other wage assignments, child support is first deducted before other withholding orders. Spousal or partner support assignments come after child support wage assignments are in place.

Wage assignments are usually incurred for debts that have gone unpaid for a long time. Wage assignments can be split into two categories: voluntary and involuntary. Employees may sometimes choose a voluntary wage assignment to pay union dues or contribute to a retirement fund. Moreover, employees may even voluntarily opt into a wage assignment plan as a part of a payday loan repayment promise.

When a wage assignment is undertaken voluntarily or required by a court and served to an employer, it is considered part of an employer’s payroll procedure. The employee has to do nothing, as their paycheck is already decreased by the amount of the assignment and noted on their pay stub.

As child support is usually ordered as a monthly amount, the calculation is provided to the employer as to the proper amount to withhold from each paycheck based on whether the employee is paid on a weekly, bi-weekly, semi-monthly, or other basis to correspond to the monthly amount ordered.

For instance, if child support was ordered for $200 a month and the employee was paid weekly, the withholding order would direct the employer to take out $48.43 from each paycheck for child support. Once the employer removes the calculated amount from the parent’s paycheck, they send it to the Support Payment Clearinghouse. The payment is then accounted for and recorded by the Clearinghouse and is sent on to the custodial parent .

Generally, if the non-custodial parent starts a new job, they are responsible for giving the wage assignment to their new employer. They are responsible for notifying the Clerk of the Superior Court and Support Payment Clearinghouse of their new employer’s contact information within 10 days. An employer who fails, without a good cause, to adhere to the terms of a wage assignment is liable for the amount overdue.

The employer may be entitled to charge a small administrative fee for processing the required payments. Still, it is against the law for an employer to terminate an employee due to a court-ordered wage assignment for child support. A wage assignment is not mandated when the non-custodial parent is self-employed, not employed, or does not have a regular source of income. In those situations, they are responsible for making payments directly to the Support Payment Clearinghouse.

Judges enforce child support orders, usually with “income assignments.” When judges form child support orders, they order the paying parent’s employer to take the child support out of their wages and send it to the Department of Revenue (DOR/CSE) Child Support Enforcement Division.

The DOR then sends the child support order to you. As mentioned earlier, child support taken out of the wages is called an “income assignment” or “wage assignment.” The income assignment is one of the primary ways judges ensure that child support is paid on time. In some cases, parents fall behind in paying their child support.

In some situations, they disobey the child support order. When that happens, you may have to return to the court to enforce your child support order . Making sure the paying parent follows through with the child support order is considered “enforcing” the order.

Courts can enforce child support orders by holding the paying parent in contempt. DOR/CSE can enforce child support orders by:

• Collecting overdue child support;
• Levying your bank account;
• Charging interest and penalties;
• Increasing the amount withheld from your paycheck by 25%;
• Placing a lien on your real estate or personal property;
• Seizing your personal property;
• Suspending your license;
• Intercepting your tax refunds;
• Making it hard to get credit and;
• Filing a Complaint for Contempt.

If you do not receive the required child support payments or have failed to make the necessary payments. Both situations have legal remedies available, and you will need to seek a local child support attorney to determine your options within your jurisdiction.

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Income Assignment

Legal Authority(ies):

• Income Assignments 12 O.S. § 1171.3 & 56 O.S. § 240.2
• Mandatory Nature 43 O.S. § 115
• Changes to Income Assignments 43 O.S. § 117

An income assignment (I/A), or income withholding, is an enforcement remedy used to deduct current and/or past due support from the income of, or benefits due, an obligor. “Income” means any form of payment to an obligor regardless of the source (including, but not limited to, wages, salary, compensation as an independent contractor, worker’s compensation, disability, annuity and retirement benefits). “Delinquent” and “delinquency” mean any payment under an order for which support is due and remains unpaid.

The income assignment remedy is used whether an obligor is current or delinquent in his/her child support obligation. The required elements and steps to send an income withholding to an employer are listed below.

Required Elements:

If the following elements are present, child support sends an income withholding order/notice to any payor of income for an obligor.

• An obligation to pay child support through an order of district or administrative court has been established
• Open child support case
• The obligor has known income from a payor of income
• The obligor’s name, social security number and family group number
• The name(s) of the child(ren) for whom support is ordered
• The custodian of the child(ren) or the name of obligee
• The name of the court issuing the child support order and the date of order
• The amount the obligor is court ordered to pay in current and/or past due child support
• The effective date of the income assignment
• Instructions to the payor of income regarding the amount to deduct based on individual pay schedules and the address to remit deductions
• The current child support has been modified or amended by a court order
• Child support amends/modifies the notice of income assignment to the new court ordered amount, sends a notice to payor of income and lists the effective date of the income assignment.
• The obligor’s court ordered child support and/or past due support obligation is terminated by a court order (child support terminates the notice of income assignment, sends notice to payor of income and lists the effective date of notice of income assignment termination)
• There is an inability to deliver the income withheld to the person entitled to the current and/or past due support and the court orders suspension of the notice of income assignment (child support notifies the payor of income to suspend the income assignment)
• Obligor proves beyond a reasonable doubt he/she is not the person who owes the child support
• Obligor shows the court the amount of current child support or past due child support is inaccurate and warrants modification of the notice of income assignment
• The payor of income shows the court the obligor is not entitled to any income, is not an employee/receiver of benefits or there is no income from which the payor of income may deduct the amounts in the income assignment

Related Articles

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What is Child Support?

Faq about child support.

• Oklahoma Child Support Services Website
• Oklahoma Child Support Statutes

Child support is money paid by a parent to financially support a child. 

Only money paid directly to the parent or person taking care of the child is considered child support. Usually this is a monthly payment from one parent to the other after they have separated. Child support is required when someone other than the legal parents has custody of a child in a minor guardianship. In a minor guardianship both parents would pay child support to the guardian. 

Both parents are financially responsible for the child, even if child support has not been determined by the state or a court. The parent with fewer overnight visits with the child is required by Oklahoma to give the other parent money to support a child.

Oklahoma law says that both parents are required to financially support a child. A child support computation can help separated parents determine who owes support, and how much. Any single parent can request child support from the other parent. It’s Oklahoma Law.

The income of each parent is listed and takes into account costs each parent pays, like:

• Daycare for the child,
• Child’s ongoing medical issues,
• Child support paid for other children,
• State benefits the child is enrolled in, and
• How many nights the child spends with each parent

For more information about child support and to calculate or file for child support , go to the Oklahoma Department of Human Services, Child Support Services website .  

To collect your child support, you must first have a support order. A support order is an order from a judge requiring someone to pay you child support. Support orders are usually included in divorce decrees and paternity orders. They also are sometimes issued by the Department of Human Services (DHS). If you do not have a support order, you will need to get one.

Persons who are married to the other parent of their child may need to file for divorce or a separation. Those who have never been married should file a paternity case. In either event, it is a good idea to contact an attorney for assistance with getting a child support order. Once you have an order directing the other parent to pay a certain amount of support, you can take legal steps to collect. 

You can apply for child support with DHS online here . 

The State of Oklahoma maintains child support offices that serve every county in the state. In some counties, like Tulsa, child support services are provided through the Department of Human Services. In other counties, services are provided through District Attorney offices. One child support office may serve several counties.

Child support offices help collect support through a variety of methods. They can take from tax refunds, for example--something private attorneys cannot do. They can also use government computers to locate missing parents.

If you receive TANF benefits, the child support office automatically collects support to reimburse the State for the money DHS pays you. If you go off of TANF the child support office will continue to collect support for you unless you close your case. For a small fee, a child support office will collect support for you even if you have never received public assistance.

Child support offices can also refer cases to other parts of the country. If the parent of your child lives in another state, you can go to your local child support office for help. This method saves the cost and trouble of trying to hire an attorney in another location. Contact information for your local child support office may be found online here .

Income Assignment:  An income assignment is similar to a garnishment. The other parent's employer is required to take money out of their paycheck and send it to you. If the payments are behind, the employer can take out additional wages to apply towards the past-due amount.

To issue an income assignment, contact a private attorney or your local child support office.Contemp is a type of legal action you can file to collect support.

Contempt Action: Contempt means someone has purposely disobeyed a court order. It is contempt when a parent does not pay support even though he or she had the money to pay. The judge can sentence the parent to as much as six months in jail. To file a contempt action, call a private attorney or your local child support office.

Oklahoma Child Support Services Website: oklahoma.gov

Oklahoma child support statutes: www.oscn.net.

• Apply for Child Support Collection Help from OK DHS
• Child Support Guidelines Calculator
• Motion to Modify Child Support (Administrative Court) (PDF)
• Motion to Modify Child Support in District Court (PDF)
• Oklahoma Child Support Services

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2018 Colorado Revised Statutes Title 14 - Domestic Matters Child Support Article 14 - Child Support Enforcement Procedures § 14-14-111.5. Income assignments for child support or maintenance

(1) Legislative declaration. The general assembly hereby finds and declares that, for the good of the children of Colorado and to promote family self-sufficiency, there is a need to strengthen Colorado's child support enforcement laws and to simplify, streamline, and clarify the existing laws relating to wage assignments previously provided for in section 14-14-107 and immediate deductions for family support obligations previously provided for in section 14-14-111. In support of this effort, the general assembly hereby adopts the term "income assignment" to be used to provide consistency and standardization of the process for collecting child support and maintenance.

(2) Notice requirements for income assignments. Notice of income assignments shall be given in accordance with the following provisions based upon the date on which the order sought to be enforced was entered:

(a) Orders entered before July 10, 1987.

(I) For orders entered before July 10, 1987, that do not include an order for income assignment as described in paragraph (a) of subsection (3) of this section or an order for immediate deductions for family support obligations as described in former section 14-14-111, as it existed prior to July 1, 1996, a notice of pending income assignment shall be sent by certified mail to the last-known address of the obligor, or such notice shall be personally served upon the obligor prior to the activation of an income assignment; except that such notice shall not be required if the obligor was given such notice prior to July 10, 1987, and such notice was in substantial compliance with the requirements of this section. The notice shall be given by the obligee, the obligee's representative, or the delegate child support enforcement unit.

(II) The notice of pending income assignment shall include the following information:

(A) That an income assignment may be activated immediately or at any other time at the request of the obligor, by agreement of the parties, or at the request of an obligee who is receiving support enforcement services from a delegate child support enforcement unit pursuant to section 26-13-106, C.R.S., in accordance with state procedures. Such state procedures require that the obligee request an income assignment in writing and that, after the delegate child support enforcement unit receives the request, it shall review the case to determine if it meets the criteria for requiring income assignment, which criteria are that the obligor is not meeting the terms of a written agreement for an alternative arrangement, or that the reason for the original good cause determination no longer exists, or that the obligor is currently paying child support but has threatened to stop and the obligee documents and substantiates that there has been a change in the obligor's circumstances that will lead the obligor to stop paying child support. If none of the circumstances set forth in this sub-subparagraph (A) exists, then the income assignment shall remain pending unless the obligor fails to comply with the support order by not making a full payment on its due date.

(B) That the activation of an income assignment is the notification to the obligor's employer or employers, trustee, or other payor of funds to withhold income for payment of the support obligation and arrears, if any;

(C) That, if any arrears accrue or already have accrued, an additional payment on the arrears shall be added to the income assignment pursuant to subparagraph (V) of paragraph (b) of subsection (3) of this section;

(D) That the obligor has a right to object to the activation of the income assignment raising the defenses that are available pursuant to sub-subparagraph (B) of subparagraph (VII) of paragraph (b) of subsection (3) of this section;

(E) That the obligor shall notify the family support registry, if payments are required to be made through the registry, in writing, of any change of address or employment within ten days after the change.

(b) Orders entered on or after July 10, 1987, and before January 1, 1990. For orders entered on or after July 10, 1987, and before January 1, 1990, no notice of pending income assignment as described in paragraph (a) of this subsection (2) shall be required.

(c) Orders entered in Title IV-D cases on or after January 1, 1990, and before January 1, 1994. For orders entered on or after January 1, 1990, and before January 1, 1994, in cases in which the custodian of the child is receiving support enforcement services from a delegate child support enforcement unit pursuant to section 26-13-106, C.R.S., no notice of pending income assignment as described in paragraph (a) of this subsection (2) shall be required.

(d) Orders entered in non-Title IV-D cases on or after July 10, 1987, and before January 1, 1994. For orders entered on or after July 10, 1987, and before January 1, 1994, in cases in which the custodian of the child is not receiving support enforcement services from a delegate child support enforcement unit pursuant to section 26-13-106, C.R.S., no notice of pending income assignment as described in paragraph (a) of this subsection (2) shall be required.

(e) Orders entered on or after January 1, 1994, and before July 1, 1996. For orders entered on or after January 1, 1994, and before July 1, 1996, no notice of pending income assignment as described in paragraph (a) of this subsection (2) shall be required.

(f) Orders entered on or after July 1, 1996.

(I) Whenever an obligation for child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt is initially determined, whether temporary or permanent or whether modified, the amount of child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt shall be ordered by the court or delegate child support enforcement unit to be activated immediately as an income assignment subject to section 13-54-104 (3), C.R.S., from the income, as defined in section 14-10-115 (3), that is due or is to become due in the future from the obligor's employer, employers, or successor employers or other payor of funds, regardless of the source, of the person obligated to pay the child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt.

(II) Any order for support shall include the following, if available:

(A) The name, date of birth, and sex of each child for whom the support is ordered;

(B) The obligee's name, social security number, residential and mailing addresses, and date of birth;

(C) The total amount of current support to be paid monthly in each category of support;

(D) The date of commencement of the order and the date or dates of the month that the payments are due;

(E) The total amount of arrears that is due, if any, in each category of support as of the date of the order; and

(F) The obligor's name, social security number, residential and mailing addresses, and date of birth.

(G) (Deleted by amendment, L. 99, p. 1085, § 3, effective July 1, 1999.)

(3) Activation of income assignment. Income assignments shall be activated in accordance with the following provisions:

(a) Immediate activation of income assignments.

(I) Upon entry of an order for child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt during the time periods described in paragraph (c), (e), or (f) of subsection (2) of this section, the obligee, the obligee's representative, or the delegate child support enforcement unit shall cause a notice of income assignment to be served immediately as described in subsection (4) of this section.

(II) Exceptions to immediate activation of income assignments. Income shall not be subject to immediate activation of an income assignment under this paragraph (a) in any case in which:

(A) One of the parties demonstrates, and the court or the delegate child support enforcement unit finds in writing, that there is good cause not to require immediate activation of an income assignment. For the purposes of this sub-subparagraph (A), "good cause" means the following: There is a written determination and explanation by the court or delegate child support enforcement unit stating why implementing immediate activation of an income assignment would not be in the best interests of the child; and the obligor has signed a written agreement to keep the delegate child support enforcement unit, the obligee, or the obligee's representative informed of the obligor's current employer and information on any health insurance coverage to which the obligor has access; and proof is provided that the obligor made timely payments without the necessity of income assignment in previously ordered child support obligations.

(B) A written agreement is reached between both parties that provides for an alternative arrangement. For purposes of this sub-subparagraph (B), the delegate child support enforcement unit shall be considered a party in all cases in which the custodian of a child is receiving support enforcement services from a delegate child support enforcement unit pursuant to section 26-13-106 (1), C.R.S., and as such is required to consent to the alternative written agreement. In all cases in which the custodian of a child is receiving support enforcement services from a delegate child support enforcement unit pursuant to section 26-13-106 (2), C.R.S., the obligee or the obligee's representative shall provide the delegate child support enforcement unit with notice of any agreement reached between the parties pursuant to this sub-subparagraph (B).

(b) (I) Activation of an income assignment following notice. An income assignment based on an order entered during the time periods described in paragraph (a), (b), or (d) of subsection (2) of this section shall not be activated unless:

(A) The obligor requests that the income assignment be activated; or

(B) The parties agree at the time of the entry or modification of a support order, or at any other time, that the income assignment is to be activated; or

(C) The obligee files an advance notice of activation with any court having jurisdiction to enforce the support order because a payment was due under a support order and the obligor has failed to make a payment in full as ordered.

(II) Notice of activation. When an income assignment is activated pursuant to sub-subparagraph (C) of subparagraph (I) of this paragraph (b), a copy of the advance notice of activation and a form for the obligor to object to the activation listing the available defenses shall be mailed by the obligee or the obligee's representative to the obligor's last-known address. The notice of activation shall contain the following information:

(A) The court that issued the support order;

(B) The case number;

(C) The date of the support order;

(D) The facts establishing that a full support payment was not made on or before it became due;

(E) The amount of overdue support owed;

(F) The amount of income to be withheld for current support and the amount to be withheld for arrears per month;

(G) A statement that, if section 13-54-104 (3), C.R.S., applies, the employer may not withhold more than the limitations set by said section;

(H) The name and address of the obligor's most recently known employer and a statement that the obligor is required to inform the court or the family support registry, if payments are to be made through the registry, of any new employment;

(I) A statement of the obligor's right to object to the activation of the income assignment within fourteen days after the date the advance notice of activation is sent to the obligor and the procedures available for such objection;

(J) The available defenses to the activation;

(K) A statement that failure to object to the activation of an income assignment within fourteen days after the date the advance notice of activation was sent to the obligor will result in the activation of the income assignment pursuant to subsection (4) of this section;

(L) A statement of the procedures the court will follow when an objection is filed by the obligor;

(M) A statement that, if the court denies the objection of the obligor, the income assignment shall be activated pursuant to subsection (4) of this section;

(N) A statement that the income assignment is a continuing assignment; and

(O) A statement that, if arrears have accrued, an additional monthly payment shall be set pursuant to subparagraph (V) of this paragraph (b) and that this payment may be modified if additional arrears accrue.

(III) Affidavit requirements. The party activating an income assignment based on an order entered during the time periods described in paragraph (a), (b), or (d) of subsection (2) of this section shall prepare an affidavit of arrears, which shall state the type and amount of support ordered per month and the date upon which the payment was due and, if the payments were to be made into the court registry or the family support registry, state that the full payment was not received by the registry on or before the due date or, if the payments were to be made to the obligee directly, state that the obligee did not receive the full payment on or before the due date, the date and amount of any modifications of the order, the period or periods of time the arrears accrued, the total amount of support that should have been paid, the total amount actually paid, and the total arrears, plus interest, due. If the income assignment is being activated pursuant to sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (b), the affidavit shall be filed with the court at the time of activation. If payments were ordered to be made through the family support registry, a copy of the payment record maintained by the family support registry shall be sufficient proof of payments made, and no affidavit shall be required. If the income assignment is being activated pursuant to sub-subparagraph (C) of subparagraph (I) of this paragraph (b), the affidavit shall be filed with the advance notice of activation.

(IV) Agreement to activate. When an income assignment is activated pursuant to sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (b) and arrears are owed, as verified by the affidavit of arrears, the parties may agree to an amount of payment on the arrears, or the court may determine an appropriate amount for payment.

(V) Arrears. When an income assignment is activated pursuant to sub-subparagraph (C) of subparagraph (I) of this paragraph (b) and arrears are owed, as verified by the affidavit of arrears, the income assignment shall include a payment on the arrears in the amount of one-twenty-fourth of the total amount due up to the date of the activation of the income assignment. The payment on the arrears shall remain the same until the arrears, plus interest, are paid unless the parties subsequently agree to a larger or smaller arrears payment amount or further arrears accrue. The total arrears due, plus interest, may be updated periodically, and the amount of payment may be revised periodically, as appropriate.

(VI) A payment on arrears, plus interest, for support, if any, shall be included in an activated income assignment; however, the combined payment on current support and arrears is subject to section 13-54-104 (3), C.R.S.

(VII) Objections to income assignment. (A) The obligor may file with the court a written objection to the activation of an income assignment pursuant to sub-subparagraph (C) of subparagraph (I) of this paragraph (b) within fourteen days after the advance notice of activation is sent to the obligor pursuant to subparagraph (II) of this paragraph (b) unless the obligor alleges that the notice was not received, in which case an objection may be filed no later than fourteen days after actual notice. The obligor shall mail a copy of the written objection to the obligee or the obligee's representative.

(B) The objection shall be limited to the defense that there is a mistake of fact such as an error in the identity of the obligor or in the amount of the support.

(C) If an objection is filed by the obligor, a hearing shall be set and held by the court within forty-two days after the date the advance notice of activation was sent to the obligor pursuant to subparagraph (II) of this paragraph (b). The court shall deny the objection without hearing if a defense in sub-subparagraph (B) of this subparagraph (VII) is not alleged.

(D) At a hearing on an objection, the sole issue before the court is whether there was a mistake of fact as specified in sub-subparagraph (B) of this subparagraph (VII).

(E) At a hearing on an objection, reasonable attorney fees and costs may be awarded to the prevailing party.

(F) If an objection is based on the amount of arrears, the income assignment may be activated and enforced as to current support obligations, and the activation of the income assignment as to arrears shall be stayed pending the outcome of a hearing on such objection.

(4) Notice to withhold income for support. Fourteen days after the date the advance notice of activation is mailed to the obligor for income assignments on orders entered during the time periods described in paragraphs (a), (b), and (d) of subsection (2) of this section or immediately for income assignments on orders entered during the time periods described in paragraphs (c), (e), and (f) of subsection (2) of this section, an income assignment may be activated by the obligee, the obligee's representative, or the delegate child support enforcement unit by causing a notice to withhold income for support to be served upon the employer, trustee, or other payor of funds, by first-class mail or by electronic service, if such employer, trustee, or other payor of funds mutually agrees with the state child support enforcement agency to receive such income assignments electronically. Receipt of notice by the employer, trustee, or other payor of funds confers jurisdiction of the court over the employer, trustee, or other payor of funds. Income assignments activated for orders entered during the time periods described in paragraphs (c), (e), and (f) of subsection (2) of this section shall be paid through the family support registry pursuant to section 26-13-114, C.R.S. In circumstances in which the source of income to the obligor is unemployment compensation benefits and the custodian of the child is receiving support enforcement services pursuant to section 26-13-106, C.R.S., no notice to withhold income for support shall be required. In such cases, the state child support enforcement agency shall electronically intercept the unemployment compensation benefits through an automated interface with the department of labor and employment. In all other cases, the notice to withhold income for support shall contain the following information and, except in cases in which the obligee is receiving child support enforcement services pursuant to section 26-13-106, C.R.S., shall have a certified copy of the support order attached thereto:

(a) The name and social security number of the obligor;

(b) A statement that withholding must begin no later than the first pay period that begins at least fourteen working days after the date on the notice to withhold income for support;

(c) Instructions concerning withholding the deductions, including:

(I) The amount to be withheld for current support and current maintenance when included in the child support order, the amount to be withheld for past due support, the amount to be withheld for past due maintenance when included in the child support order, the amount to be withheld for child support debt, the amount to be withheld for medical support, the amount to be withheld for current maintenance, the amount to be withheld for past due maintenance per month, and the amount to be withheld for processing fees, if any. In the event that the pay periods of the employer are more frequent, the employer shall withhold per pay period an appropriate percentage of the monthly amount due so that the total withheld during the month will total the monthly amount due.

(II) A statement that the employer, trustee, or other payor of funds may deduct a fee to defray the cost of withholding and that such employer, trustee, or other payor of funds shall refer to the laws governing the work state of the employee for the allowable amount of such fee;

(III) That, if section 13-54-104 (3), C.R.S., applies, the employer, trustee, or other payor of funds may not withhold more than the limitations set by said section;

(d) Instructions about disbursing the withheld amounts, including the requirements that each disbursement:

(I) Shall be forwarded within seven working days after the date of each deduction and withholding would have been paid or credited to the employee;

(II) Shall be forwarded to the address indicated on the notice;

(III) Shall be identified by the case number, the name and social security number of each obligor, the date the deduction was made, the amount of the payment, and the family support registry account number for cases ordered to be paid through the family support registry; and

(IV) May be combined with other disbursements in a single payment to the family support registry, if required to be sent to the registry, if the individual amount of each disbursement is identified as required by subparagraph (III) of this paragraph (d);

(e) A statement specifying whether or not the obligor is required to provide health insurance for the children who are the subject of the order;

(f) and (g) (Deleted by amendment, L. 2000, p. 1704, § 2, effective July 1, 2000.)

(h) A statement that, if the employer, trustee, or other payor of funds fails to withhold income as the notice to withhold income for support directs, the employer, trustee, or other payor of funds shall be liable for both the accumulated amount that should have been withheld from the obligor's income and any other penalties set by state law;

(i) A statement that the employer, trustee, or other payor of funds shall be subject to a fine determined under state law for discharging an obligor from employment, refusing to employ, or taking disciplinary action against an obligor because of a notice to withhold income for support;

(j) A statement that the employer shall notify the family support registry, in writing, if payments are required to be made through the registry promptly after the obligor terminates employment and shall provide the family support registry, in writing, with the obligor's name, date of separation, case identifier which shall be the family support registry account number, last-known home address, and the name and address of the obligor's new employer, if known;

(j.5) A statement that withholding under the notice to withhold income for support has priority over any other legal process under state law against the same income, that federal tax levies in effect before receipt of this notice to withhold income for support have priority, and that the requesting agency should be contacted if there are federal tax levies in effect;

(k) A statement that as long as the obligor is employed by the employer, the income assignment shall not be terminated or modified, except upon written notice by the obligee, the obligee's representative, the delegate child support enforcement unit, or the court;

(k.5) A statement that the employer, trustee, or other payor of funds may be required to report and withhold amounts from lump sum payments such as bonuses, commissions, or severance pay;

(l) (Deleted by amendment, L. 2000, p. 1704, § 2, effective July 1, 2000.)

(l.5) A statement that Colorado employers, trustees, or other payors of funds must comply with this section;

(m) A statement that, if the designated field on the notice to withhold income for support is checked, the employer, trustee, or other payor of funds is required to provide a copy of the notice to withhold income for support to the obligor;

(n) A statement that a fraudulent submission of a notice to withhold income for support shall subject the person submitting the notice to an employer, trustee, or other payor of funds to a fine of not less than one thousand dollars and court costs and attorney fees.

(4.5) When a Colorado employer receives an income assignment, or its equivalent, issued by another state, the employer shall apply the income assignment law of the obligor's principal state of employment. The obligor's principal state of employment shall be presumed to be Colorado unless there is a specific employment contract to the contrary.

(5) When activated, an income assignment shall be a continuing income assignment and shall remain in effect and shall be binding upon any employer, trustee, or other payor of funds upon whom it is served until further notice from the obligee, the obligee's representative, the delegate child support enforcement unit, or the court.

(6) Priority. (a) A notice of income assignment for support shall have priority over any garnishment, attachment, or lien.

(b) If there is more than one income assignment for support for the same obligor, the total amount withheld, which is subject to the limits specified in section 13-54-104 (3), C.R.S., shall be distributed in accordance with the priorities set forth in this paragraph (b):

(I) (A) First priority shall be given to income assignments for orders for current monthly child support obligations and maintenance when included in the child support order.

(B) If the amount withheld is sufficient to pay the current monthly support and maintenance for all orders, the employer or other payor of funds shall distribute the amount to all orders and proceed to the second priority to distribute any remaining withholding. If the amount withheld is not sufficient to pay the current monthly support and maintenance in all orders, the employer shall add the current monthly support and maintenance in all orders for a total and then divide the amount of current monthly support and maintenance in each order by the total to determine the percent of the total for each order. The percent for each order derived from such calculation shall be multiplied by the total amount withheld to determine what proportionate share of the amount withheld shall be paid for each order.

(II) (A) Second priority shall be given to income assignments for all orders for medical support when there is a specific amount ordered for medical support.

(B) If the amount withheld is sufficient to pay the medical support for all orders, the employer shall distribute the amount to all orders and proceed to the third priority to distribute any remaining withholding. If the amount withheld is not sufficient to pay the medical support in all orders, the employer shall add the medical support in all orders for a total and then divide the amount of medical support in each order by the total to determine the percent of the total for each order. The percent for each order derived from such calculation shall be multiplied by the total amount withheld to determine what proportionate share of the amount withheld shall be paid for each order.

(III) (A) Third priority shall be given to income assignments for child support debt and support arrears, including medical support arrears.

(B) If the amount withheld is sufficient to pay the child support debt and support arrears for all orders, the employer shall distribute the amount to all orders and proceed to the fourth priority to distribute any remaining withholding. If the amount withheld is not sufficient to pay the child support debt and support arrears in all orders, the employer shall add the child support debt and support arrears in all orders for a total and then divide the amount of child support debt and support arrears in each order by the total to determine the percent of the total for each order. The percent for each order derived from such calculation shall be multiplied by the total amount withheld to determine what proportionate share of the amount withheld shall be paid for each order.

(IV) (A) Fourth priority shall be given to income assignments for orders for maintenance only.

(B) If the amount withheld is sufficient to pay the maintenance only for all orders, the employer shall distribute the amount to all orders. If the amount withheld is not sufficient to pay the maintenance only in all orders, the employer shall add the maintenance only in all orders for a total and then divide the amount of maintenance only in each order by the total to determine the percent of the total for each order. The percent for each order derived from such calculation shall be multiplied by the total amount withheld to determine what proportionate share of the amount withheld shall be paid for each order.

(7) No employer, trustee, or other payor of funds who complies with a notice of income assignment issued pursuant to this section and as provided in subsection (8) of this section shall be liable to the obligor for wrongful withholding.

(8) An employer, trustee, or other payor of funds subject to this section who:

(a) Fails to abide by the terms enumerated in the notice of income assignment may be held in contempt of court;

(b) Wrongfully fails to withhold income in accordance with the provisions of this section shall be liable for both the accumulated amount the employer, trustee, or other payor of funds should have withheld from the obligor's income and any other penalties set by state law;

(c) Discharges, refuses to hire, or takes disciplinary action against an employee because of the entry or service of an income assignment pursuant to this section may be held in contempt of court or be subject to a fine.

(9) If an employer discharges an employee in violation of the provisions of this section, the employee may, within ninety-one days, bring a civil action for the recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall be lost wages not to exceed six weeks, costs, and reasonable attorney fees.

(10) (a) The obligee, the obligee's representative, the delegate child support enforcement unit, or the court shall promptly notify the employer, trustee, or other payor of funds, in writing, when an income assignment is modified or terminated.

(b) An income assignment shall be modified when:

(I) The support order is modified by the court;

(II) The arrears payment is modified by agreement between the parties pursuant to subparagraph (V) of paragraph (b) of subsection (3) of this section; or

(III) The arrears payment is modified when updated periodically pursuant to subparagraph (V) of paragraph (b) of subsection (3) of this section.

(c) An income assignment shall be terminated when all current maintenance when included in the child support order, past due support, past due maintenance when included in the child support order, child support debt, medical support, current monthly child support, current maintenance, past due maintenance, and processing fees, if any, owed under the support order are paid in full.

(11) Disbursements received from the employer, trustee, or other payor of funds by a delegate child support enforcement unit shall be promptly distributed.

(12) The clerk of the court shall provide, upon request, any information required by the parties about any support order or any order affecting an order for support, including judgments and registered orders.

(13) The department of human services is hereby designated as the income withholding agency as required by the federal "Social Security Act", as amended.

(14) This section applies to any action brought under this article or article 5, 6, or 10 of this title or under article 4 or 6 of title 19, C.R.S., or under article 13.5 of title 26, C.R.S.

(15) Nothing in this section shall affect the availability of any other method for collecting child support, maintenance, child support when combined with maintenance, retroactive support, medical support, child support arrears, or child support debt.

(16) Income assignments under this section shall be issued by a delegate child support enforcement unit under the provisions of the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support", created in article 13.5 of title 26, C.R.S.

(16.3) The employer, trustee, or other payor of funds shall include with the first disbursement an indication of whether dependent health insurance coverage is available to the obligor and whether the obligor has elected to enroll the dependents who are the subject of the order in such coverage and that such information shall be included in a disbursement at least annually thereafter or at the next disbursement in the event of any change in the status of health insurance availability or coverage.

(16.5) The employer shall not be required to collect, possess, or control the obligor's tips, and any such tips shall not be owed by an employer to an obligor.

(16.7) The employer, trustee, or other payor of funds may extract a processing fee of up to five dollars per month from the remainder of the obligor's income after the deduction and withholding.

(17) For purposes of this section, unless the context otherwise requires, "income" means wages as defined in section 14-14-102 (9).

(18) (Deleted by amendment, L. 2000, p. 1704, § 2, effective July 1, 2000.)

(19) A person submitting a fraudulent notice to withhold income for support to an employer, trustee, or other payor of funds shall be subject to a fine of not less than one thousand dollars and court costs and attorney fees.

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TITLE XLIII DOMESTIC RELATIONS

Chapter 458-b income assignment, section 458-b:2.

Source. 1985, 331:2. 1991, 12:3. 1993, 287:3. 1995, 310:175. 1997, 263:33. 2002, 227:1, 2, eff. July 16, 2002.

Child Support Services to Give More Money to Families

RANCHO CORDOVA, CA – The State of California is continuing to make changes to improve equity in its child support system. Yesterday, Assembly Bill 207 (AB 207), signed by Governor Newsom in 2022, began to be implemented.

WHAT THIS MEANS:

Collections that are received for government-assigned debt due to participation in the California Work Opportunity and Responsibility to Kids program (CalWORKs) will be passed through to those families who no longer receive CalWORKs. This does not mean the parents paying child support to these families are paying more, but instead California is making child support a better source of income to assist vulnerable families by waiving the government practice of “paying back” the aid to the state.

“Passing through the money previously owed to government to the family once cash aid is no longer being received helps ease the burden on some of the most deeply impacted parents in our caseload,” said David Kilgore, Director of the California Department of Child Support Services. “By allowing debt to be paid off while passing more money directly to families, child support is effectively helping both paying and receiving parents and their kids. I am glad to see changes like this improving the child support program in California.”

WHAT YOU SHOULD KNOW:

BACKGROUND:

Before March 2020, intercepts of Federal tax refunds first paid back any funds due to the government for any CalWORKs payments to the family, and then went to the support recipient. Federal law requires this intercept if the taxpayer has any past due child support. With many Californians losing employment due to the pandemic, Governor Newsom moved swiftly to take Executive Action to ensure any Federal stimulus funds went to pay the families first and recoup for CalWORKs payments last.

The Legislature voted to make this permanent in 2021 and since then, each legislative session has brought more changes to the child support program, taking into account the vast demographic and income shifts among parents, and the changes in how Californians define their families.

That same month, the Legislature voted to expand the amount of child support that is passed through to families who are currently receiving CalWORKs benefits from the first $50 each month to $100 for families with one child and $200 for families with two or more children. Child Support Services implemented this change beginning in January 2022, greatly increasing the support paid to CalWORKs families.

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Legal Support Center

About child support law in krasnodar, russia.

Child support law in Krasnodar, Russia, is governed by federal regulations that are consistent across the Russian Federation. It entails the financial support that non-custodial parents must provide for their minor children. Support amounts are typically based on the non-custodial parent's income and the needs of the child. Child support obligations continue until the child reaches the age of majority, which is 18 years in Russia, or beyond if the child is enrolled in full-time education or is disabled and incapable of self-care.

Why You May Need a Lawyer

Individuals often seek legal advice on child support matters for various reasons. You may need a lawyer if there are disputes over the amount of support, non-payment of support, paternity issues, or adjustments due to changes in financial circumstances. When parents are unable to agree on child support terms, either parent may pursue legal action to establish or modify child support orders. Additionally, legal help may be sought for ensuring the enforcement of existing child support orders, both domestically and internationally, in cases where one parent resides outside of Russia.

Local Laws Overview

The key aspects of child support laws in Krasnodar are largely influenced by federal legislation. The amount of child support is determined as a percentage of the non-custodial parent's income and varies with the number of children: 25% for one child, 33% for two children, and 50% for three or more children. The non-custodial parent is required to provide support irrespective of their gender and whether the child was born in or out of wedlock. The custodial parent may also claim compensation for expenses related to pregnancy and childbirth from the other parent. Modifications to child support can be made by agreement between parents or by request to the court where significant changes in circumstances have occurred.

Frequently Asked Questions

How is the amount of child support calculated.

Child support is calculated as a percentage of the non-custodial parent's income, depending on the number of children they are responsible for supporting.

Until what age is child support paid?

Child support in Russia is paid until the child reaches the age of 18 or older if the child continues full-time education or is disabled and unable to support themselves.

Can child support be modified?

Yes, child support can be modified upon agreement by both parents or by the decision of the court when there is evidence of a significant change in financial circumstances.

What happens if child support is not paid?

If child support is not paid, the custodial parent can seek enforcement measures through court. The court may take various actions, including wage garnishment, fines, and even criminal charges, depending on the severity of the non-payment.

Is legal representation required in child support cases?

While it is not mandatory to have a lawyer in child support cases, legal representation can be crucial in navigating the complexities of family law and advocating for one's interests.

Can a non-custodial parent refuse to pay child support?

Refusing to pay court-ordered child support is illegal and can result in enforcement measures that may include fines, property liens, and potential criminal charges.

Does child support cover educational expenses?

Child support can cover basic needs and may include educational expenses. Additional agreements or court orders might be necessary to address situations involving higher educational costs.

What if the non-custodial parent lives in another country?

International child support cases are more complex but can be handled through legal cooperation between countries. Russia has arrangements with certain countries to recognize and enforce foreign child support orders.

Can paternity disputes affect child support?

Yes, paternity disputes can affect child support. Establishing or contesting paternity is often a first step in determining child support obligations.

Are there any protections for parents with very low income?

Parents with low income may apply for a reduction in child support payments. The court considers the non-custodial parent's ability to pay while ensuring that the child's needs are met.

Additional Resources

For those seeking legal advice about child support, local family law attorneys are valuable resources. Additionally, the Krasnodar Regional Court's website may provide information on family law matters. The Federal Bailiff Service is responsible for enforcement of child support orders, and its local branches can assist in the collection process. Various non-profit organizations and legal aid clinics may also offer guidance and support for child support issues.

If you need legal assistance with child support, the first step is to contact a qualified family law attorney who is well-versed in the legal framework of Krasnodar, Russia. The attorney will help you understand your rights and responsibilities, assist with negotiations, and represent you in court if necessary. Before taking legal action or making decisions, it's crucial to gather all relevant financial documents and establish clear communications with the other parent where possible.

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A taste of Krasnodar cuppa

Krasnodar's are the oldest tea plants in Russia, and the older the plant, the better the tea it produces. Source: Mikhail Mordasov / RIA Novosti

Guests to the Winter Olympics are probably aware of the region’s unique cuisine, given Sochi’s long history as a port and its proximity to Georgia. But less well known is the area’s unique Krasnodar tea blend. This 150-year-old tea possesses strong healing properties, and its exquisite aroma resembles that of China's elite Lansing teas.


In the 18th century, the Russian and British empires together held a monopoly on the global tea trade. At the time, there were two ways to get to China, the homeland of tea. The sea trade routes passed through British-controlled Nanking, while the overland route, through Kyakhta, led to Russia. Russian tea merchants did not fear competition from the British.

They considered the tea that arrived in Russia far superior to that the British consumed because of the form of transportation. The heat and humidity of the southern seas, which tea clippers would take weeks to cross, ruined the delicate tea leaves.

By contrast, overland transportation only improved tea's qualities. True connoisseurs would pay a higher price for products offered by the Russian importers.


When the British started cultivating tea in India and Ceylon (Sri Lanka), the Russians, too, decided to expand their production base. The first attempts to acclimatize tea plants in what was then the southern fringe of the Russian Empire, in Georgia and Azerbaijan, were made in the 19th century.

The experiment proved a success: the Russian tea plantations yielded their first crops in the early 20th century, although the quality of the local tea blends left much to be desired. The local soils were too inferior to hope for anything better. The only advantage of the Georgian and Azeri teas was their relative cheapness.


Then Judas Koshman entered the scene. A mysterious figure whose early life remains largely unknown, Koshman is believed to have come from a small Jewish settlement in Ukraine to earn his keep working tea plantations in Georgia. 
In the early 20th century, when he was already 60 years old, Koshman found himself in the tiny mountainous settlement of Solokhaul near Sochi.

He used the money saved from working on a tea plantation in Georgia to buy a small plot of land. Koshman and his family started acclimatizing tea plants brought from Georgia. Koshman’s neighbours questioned his endeavour.

In the 1870s, agriculturists had shown that the North Caucasus was too cold for growing tea.

However, it took the tea plants introduced from Georgia just four years to take root to such an extent that they no longer needed to be wrapped for the winter, even though temperatures in Solokhaul may drop to 10 degrees Farenheit in January.

Ten years later, in 1913, the Koshmans celebrated their first yield of tea. What later became known as the Krasnodar tea blend (after the name of the region – Krasnodar Territory) has the sweetness, beautiful dark-amber tint and flowery aroma of the best Chinese Lansing teas.

The harsh North Caucasus climate may affect the size of the crop, but it is thanks to the climate that the local tea contains more healthful substances than the Chinese equivalents.


Recognition did not come easily to Koshman. In his modest house, which has been turned into a museum, there is a vast collection of non-committal replies from the Russian Academy of Sciences: St. Petersburg scholars dismissed Koshman's reports on the Krasnodar tea blend as hoaxes, while the Georgian tea lobby set the police on their potential rival.

Koshman's wife had to bail him out of prison at one point. It was not until the Soviet era, when Koshman was already over 70, that he received a gold medal at an agricultural exhibition.


The hand-picked Koshman House tea is a truly exclusive product. Koshman's are the oldest tea plants in Russia, and the older the plant, the better the tea it produces. Koshman's teas eventually spread across the mountainous area of greater Sochi in the 20th century.

Krasnodar teas were on sale in the Soviet era, but they did not enjoy any particular popularity because the tea leaves were picked mechanically, robbing the tea of its unique properties.

Even during Perestroika, when the once-gigantic Koshman plantation fell into decay, the Krasnodar tea blend retained its reputation as a unique hand-picked product, and continued to be manufactured in small batches.

It remained the northernmost tea in the world until 2012, when the UK gathered its first locally grown crops.

All rights reserved by Rossiyskaya Gazeta.

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The court ordered Safonov to pay his ex-wife 25% of his monthly income as child support for her daughter. Krasnodar goalkeeper has been charged a debt for 2 years

In May 2023, the ex-wife of Krasnodar goalkeeper Anastasia Safonova announced that the footballer intends to take away her daughter, who was born in June 2021, and collect child support for her maintenance — 13,386 rubles a month.

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