The Affidavit of Child Support Withholding Limits is a legal document that verifies a party's income for child support purposes. It is used to establish the amount that can be withheld from a parent's paycheck to ensure they meet their child support obligations. This form supports the enforcement of child support payments and outlines the financial responsibilities of each parent.
To properly complete the Affidavit of Child Support Withholding Limits, follow these steps:
This form is intended for parents who need to establish or modify child support payments based on their income status. Both custodial and non-custodial parents may require this affidavit for legal proceedings related to child support enforcement or adjustment.
The Affidavit of Child Support Withholding Limits includes several important components:
When completing the Affidavit of Child Support Withholding Limits, be mindful of the following common errors:
When filing the Affidavit of Child Support Withholding Limits, users may also need to provide:
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If the employee is single, the maximum withholding amount is 60% of the employee's disposable income. If the employee is behind by more than 12 weeks on child-support payments, add an additional 5% to the maximum withholding amount (i.e., 55% for second family, 65% for single).
The maximum amount that may be withheld is 50 percent of the lump sum after taxes or the total amount of arrears, whichever is less.
Allowable disposable income is the most a worker's wages may be garnished. The amount that can be garnished is dependent on disposable income and the Consumer Credit Protection Act (CCPA) percentage limit. This in effect sets a maximum limit on the percentage that may be garnished in a pay period.
Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken. An additional 5% may be taken if you're more than 12 weeks in arrears.
Turn in your completed Petition to Terminate Withholding for Child Support form at the district clerk's office in the county where your current order was made. Get a copy for both you and the other party. The clerk will file-stamp your forms with the date and time and return the copies to you.