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State Lump Sum Information
[PDF - 1,507 KB]
Click on a state below for its Lump Sum information:
| Alabama |
| Contact Information |
Correspondence Address |
Melanie Duncan
Phone: (334) 242-9300
Email: melanie.duncan@dhr.alabama.gov
Web site: www.dhr.state.al.us
|
Alabama Department of Human Resources
Child Support Enforcement Division
Attention: Melanie Duncan
P.O. Box 304000
Montgomery , AL 36116-4000 |
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Alaska |
| Contact Information |
Correspondence Address |
Marcia Allen, Employer Assistance Representative
Phone: (907) 269-6089
Email: marcia_allen@alaska.gov |
Alaska Child Support Services Division
550 W. 7th Avenue,
Suite 310
Anchorage, AK 99501-6699 |
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. AS 25.27.062 requires employers to withhold lump sum payments. |
| What is the threshold amount for lump sum to be reported? |
100% of lump sum disbursements, up to the amount of the total debt owed on the case. |
| How long must the employer hold the lump sum? |
Employers should send the payments to the CSSD office within 7 days of withholding from the non-custodial parent. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Property withholding order |
| Is the CCPA applied to lump sum payments? |
No. Withhold 100% up to the amount of the debt
|
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| Arizona |
| Contact Information |
Correspondence Address |
Arizona Department of Economic Security
Phone: (602) 771-8000 or (602) 771-8127
Fax: (602) 771-8130
Email: DCSE-POLICYQUESTIONS@azdes.gov
Website: http://www.azdes.gov/dcse/
|
AZ Dept. of Child Support Enforcement
P.O. Box 40458
Phoenix, AZ 85067
|
| Is there a State definition of Lump Sums? |
Yes. Lump sum payment includes severance pay, sick pay, vacation pay, bonuses, insurance settlements, commissions, and stock options. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. Arizona Revised Statute 25-505
For additional information: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00505.htm&Title=25&DocType=ARS
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Limited Income Withholding Order |
| Is the CCPA applied to lump sum payments? |
No. |
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| Arkansas |
| Contact Information |
Correspondence Address |
Mary Smith
Phone: (501) 682-6828
Email: mary.e.smith@ocse.state.ar.us
Toni Erwin
Phone: (800) 216-0224
Email: Employer.Relations@ocse.state.ar.us
|
Arkansas OCSE Clearinghouse/SDU
P.O. Box 8128
Little Rock, AR 72203
|
| Is there a State definition of Lump Sums? |
Yes, Lump Sum Payment means any: Form of income paid to an individual at other than regular or periodic intervals; or Payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation: The performance of a contract; A job performance standard or quota; he liquidation of unused sick or vacation pay or leave; The settlement of a claim; orAn award for length of service. Net Lump-sum payment means the entire lump-sum payment less any amount required by law to be withheld. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. Arkansas Code Ann. 9-14-201
|
| What is the threshold amount for lump sum to be reported? |
N/A |
| How long must the employer hold the lump sum? |
N/A |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Garnishment process |
| Is the CCPA applied to lump sum payments? |
The deduction is capped at 50% of the lump sum or the amount of the arrears whichever is less. Employers should contact OCSE to verify the amount of the arrears prior to releasing a lump-sum payment to the employee. |
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| California |
| Contact Information |
Correspondence Address |
Jeanette Ramarui
Phone: (916) 845-4920
Fax: (916) 843-0527
Email: jeanette.ramarui@ftb.ca.gov
CA web address for counties:
http://www.childsup.cahwnet.gov/county_locations.asp
|
California Department of Child Support Services
Attention: Jeanette Ramarui, MS-52
P.O. Box 419064
Rancho Cordova, CA 95741-9064 |
| Is there a State definition of Lump Sums? |
No, we do not specifically define lump sum payment; however our definition of income includes certain types of lump sum payments. Income includes wages, salary, bonus money, and benefits. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. However, California does treat lump sum payments as income pursuant to California Family Code Section 5206; therefore they are subject to withholding. Employers are encouraged to contact the local child support agency when they know that an employee will be receiving a lump sum payment. The local child support agency will issue an Order/Notice to Withhold Income for the month in which the employee will receive the bonus to withhold part of the lump sum. |
| What is the threshold amount for lump sum to be reported? |
None |
| How long must the employer hold the lump sum? |
7 days |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
None |
| Is the CCPA applied to lump sum payments? |
Yes and it cannot exceed 50% of disposable earnings. |
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| Colorado |
| Contact Information |
Correspondence Address |
Arnold Erickson
Phone: (303) 866-5178
Email: arnold.erickson@state.co.us
|
Use county contact information provided on notice (number 10, "Additional Information to Employers"). |
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. 14-14-111.5,(4)(k.5) Colorado Revised Statutes. |
| What is the threshold amount for lump sum to be reported? |
None |
| How long must the employer hold the lump sum? |
One week after contacting the county/state office. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Garnishment or Worker's Compensation Lien and Levy. |
| Is the CCPA applied to lump sum payments? |
Yes. 50-65% of disposable income according to 13-54-104 Colorado Revised Statutes
|
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| Connecticut |
| Contact Information |
Correspondence Address |
Pam Hogan, Investigations Supervisor
Phone: (860) 424-5124
Email: pamela.hogan@ct.gov
|
Department of Social Services
Bureau of Child Support Enforcement
25 Sigourney Street, 10th Floor
Hartford, CT 06106-5033
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Delaware |
| Contact Information |
Correspondence Address |
Andrew Haman, Social Services Administrator
Phone: (302) 395-6500
Email: Andrew.Haman@state.de.us
|
DE Division of Child Support Enforcement
P.O. Box 15012
Wilmington, DE 19850
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| District of Columbia |
| Contact Information |
Correspondence Address |
Aggie Rhodes, Wage Withholding Manager
Phone: (202) 724-2119
Email: Aggie.Rhodes@dc.gov
|
Office of Attorney General
Child Support Division
441 4th Street, NW, Suite 550N
Washington, D.C. 20001
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Florida |
| Contact Information |
Correspondence Address |
Joy Aldridge
Phone: (850) 413-7234
Email: aldridgj@dor.state.fl.us (email preferred to calls)
|
State of Florida Disbursement Unit
P.O. Box 8515
Tallahassee, FL 32314-8515
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Georgia |
| Contact Information |
Correspondence Address |
Erica Thornton
Phone: (404) 657-1131
Email: emthornton@dhr.state.ga.us
Addresses for counties and mailing:
http://ocss.dhr.georgia.gov.
Click on "Office Locations."
|
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. Not by statute. However employers may be required to report and withhold lump sum payments such as bonuses, commissions, or severance pay if that language is included in the court order. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
Administrative lien/levy. Court ordered lien |
| Is the CCPA applied to lump sum payments? |
No. 100% or up to the balance owed. |
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| Guam |
| Contact Information |
Correspondence Address |
Yolanda Salalila, SDU Supervisor
Phone: (671) 475-3324, ext. 669
Fax: (671) 477-2159
Email: yolanda.salalila@guamcse.net
|
GU State Disbursement Unit
287 West O' Brien Drive
Hagatna, GU 96910
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
None |
| How long must the employer hold the lump sum? |
N/A |
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
Notice of Lien |
| Is the CCPA applied to lump sum payments? |
No. |
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| Hawaii |
| Contact Information |
Correspondence Address |
Kaleialoha Vierra
Phone: (808) 692-7147
Fax: (808) 692-7134
Email: kalei.a.vierra@hawaii.gov
|
Child Support Enforcement Agency
State Administration Office
Attention: Kaleialoha Vierra
601 Kamokila Blvd,
Suite 207
Kapolei, HI 96707
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
No. |
| Is the CCPA applied to lump sum payments? |
No. |
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| Idaho |
| Contact Information |
Correspondence Address |
Kristy White
Phone: (208) 334 4975
Email: Whitek@dhw.Idaho.gov
Linda Jolly
Phone: (208)-334-5715
Email: jollyl@dhw.idaho.gov |
Idaho Department of Health and Welfare
Child Support Services
P.O. Box 83720
Boise, ID 83720-0036
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Illinois |
| Contact Information |
Correspondence Address |
Cesar A. Candelario
Phone: (312) 793-7131
Email: cesar.candelario@illinois.gov |
IL Healthcare and Family Services
Division of Child Support Enforcement
Attention: Cesar A. Candelario
32 W. Randolph Street, 7th Floor
Chicago, IL 60601 |
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. 750 ILCS 28/35 & 750 ILCS 28/15 |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Notice of Lien - HFS 3741(R-1-06) |
| Is the CCPA applied to lump sum payments? |
Yes.
Withholding Limits: For State orders, you may not withhold more than the leaser of:
- The amounts allowed by the Federal Consumer Credit Protection Act (15 u.s.c. 1673(b)); or
- The amounts allowed by the State of the employee/obligor's principal place of employment. The federal limit applies to the aggregate disposal weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as; state, federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare Taxes. Under Illinois law, the amount actually withheld from the obligor's income for support and other purposes, including the payor withholding fee, may not be in excess of the maximum amount permitted under the Federal Consumer Credit Protection Act.
The Federal CCPA limit is 50% of the ADWE for child support and alimony, which is increased by
- 10% if the employee does not support a second family; and/or
- 5% if arrears greater than 12 weeks.
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| Indiana |
| Contact Information |
Correspondence Address |
Employer Maintenance Unit
Phone: (800) 292-0403 or
(317) 232-0327
|
Indiana State Child Support Bureau
402 West Washington Street,
W360, MS11
Indianapolis, IN 46204
|
| Is there a State definition of Lump Sums? |
Yes. Severance pay, sick pay, vacation pay, commissions, bonus payments, or any lump sum payment. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. IC 31-16-15-19 |
| What is the threshold amount for lump sum to be reported? |
Compliance by employers required for a IV-D case where there is an arrears; lump sums cannot be encumbered if there is no arrears. |
| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
|
| Is the CCPA applied to lump sum payments? |
Yes, CCPA limits applicable if lump sum amount is an amount based upon/arising out of a "periodic" calculation. If lump sum not "disposable income", no percentage limit is applicable. |
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| Iowa |
| Contact Information |
Correspondence Address |
Dawn Shepard
Phone: (319) 226-7052
Phone: (877) 274-2580
Fax: (319) 226-7150
Email: csrue@dhs.state.ia.us
http://iowachildsupport.gov
Legislation’s website:
http://coolice.legis.state.ia.us/Cool-ICE/
|
Employers Partnering in Child Support (EPICS)
P.O. Box 7201
Waterloo, Iowa 50704-7201
|
| Is there a State definition of Lump Sums? |
Yes. Sole payment or payments occurring at two-month or greater intervals. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. Iowa Code section 252D.18C
For additional information visit the legislation state’s website.
|
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
|
| Is the CCPA applied to lump sum payments? |
Yes, 50% of the obligor's disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. § 1673(b) are met, or the obligor agrees to a greater amount within these limits. |
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| Kansas |
| Contact Information |
Correspondence Address |
Michael David Addington, Central Office and Interstate Counsel
Phone: (785) 296-1955
Email: mdxa@srskansas.org
|
Kansas Child Support Enforcement
P.O. Box 497
Topeka, KS 66601-0497
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
|
| Are other processes or document(s) used to attach lump sums? |
No. |
| Is the CCPA applied to lump sum payments? |
Yes. |
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| Kentucky |
| Contact Information |
Correspondence Address |
Pat Gaines, Supervisor
Phone: (502) 564-2285, ext. 4461
Email: Pat.Gaines@ky.gov |
KY Division of Child Support
P.O. Box 14059
Lexington, KY 40512-4059 |
| Is there a State definition of Lump Sums? |
Yes. "Lump sum payment of any kind" means a lump sum payment of earnings as defined in Kentucky Revised Statutes 427.005 (Compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program). |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. For employers with 20 or more employees. Kentucky Revised Statutes 405.465(6)(a) http://www.lrc.ky.gov/KRS/405-00/465.PDF |
| What is the threshold amount for lump sum to be reported? |
$150 and over. |
| How long must the employer hold the lump sum? |
30 days from scheduled date of payment to NCP. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Suggested process: Non-Wage Garnishment Order (takes less time) or court order. |
| Is the CCPA applied to lump sum payments? |
|
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| Louisiana |
| Contact Information |
Correspondence Address |
Charlene Worley (SSA inquiries only)
Phone: (225) 219-7688
Email: cworley@dss.state.la.us
Louisiana Customer Service Center (for employer)
Phone: (800) 256-4650
Email: lacsc@dss.state.la.us |
Louisiana Department of Social Services
P.O. Box 94065
Baton Rouge, LA 70804-4065 |
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Notice of Delinquency, SES 355 |
| Is the CCPA applied to lump sum payments? |
Up to 50% of disposable earnings per R.S. 13:3881 |
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| Maine |
| Contact Information |
Correspondence Address |
Mike Hughes
Phone: (207) 287-2916
Email: mike.hughes@Maine.gov |
Maine Dept.of Health and Human Services
Office of Integrated Access and Support
Division of Support Enforcement and Recovery
268 Whitten Road
11 State House Station
Augusta, ME 04333-0011 |
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. The Workers Compensation Board is required to report lump sum payments. 19-A MRSA Section 2360-A requires Workers Compensation Board to report lump sum payments. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
Yes |
| Are other processes or document(s) used to attach lump sums? |
Notice of Lien/Garnishment/Order to Withhold or Deliver |
| Is the CCPA applied to lump sum payments? |
No. Workers Compensa-tion Board or Employers distributing bonuses may withhold up to 100% of lump sum payments. |
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| Maryland |
| Contact Information |
Correspondence Address |
Elva Pinkney
Phone: (443) 957-2688
Email: epinkney@dhr.state.md.us
|
MD Child Support Enforcement Administration
State Disbursement Unit
Attention: Elva Pinkney
6000 Metro Drive,
Suite 110
Baltimore, MD 21215
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Liens |
| Is the CCPA applied to lump sum payments? |
No. |
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| Massachusetts |
| Contact Information |
Correspondence Address |
Helen Connors
Phone: (617) 887-5753
Email: Connorsh@dor.state.ma.us
|
DOR/CSE 2nd floor
200 Arlington Street
Chelsea, MA 02150
|
| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Michigan |
| Contact Information |
Correspondence Address |
Employer Bonus
Phone: (866) 540-0008
Fax: (517) 335-3030
Email: DHS-OCS-employerbonus@michigan.gov
|
MI Department of Human Services
Office of Child Support
Employer Bonus
P.O. Box 30744
Lansing, Mi 48909-8244
|
| Is there a State definition of Lump Sums? |
Yes. "Lump sum payment" is not defined specifically, but our definition of "income" includes certain types of lump sum payments. "Income" means any of the following: commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer and successor employers. A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment
|
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. MCL 552.602(n) |
| What is the threshold amount for lump sum to be reported? |
Information provided on the income withholding notice directs employers to contact the Special Initiatives Unit (SIU) of the Office of Child Support when a lump sum payment is payable to the employee. The SIU then provides a report to the employer of employees for which lump sum withholding is required. Employees with no arrears will not be provided on the report, unless the lump sum is a bonus in which the employee is to provide a percentage of as a part of their support obligation. |
| How long must the employer hold the lump sum? |
The employer may process the lump sum payment as soon as the information is provided to them by the SIU. Lump sum payments, however, are sent to the Michigan State Disbursement Unit, not to the custodial parent. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
The type of document used depends on the type of income/funds being attached:
*Private pension and retirement accounts are attached with a Qualified Domestic Relations Order (QDRO);
*Government pension and retirement accounts are attached with an Eligible Domestic Relations Order (EDRO)
*Inheritances, legal awards, worker's compensation and insurance settlements can be attached with a Notice of Lien
*Non-employer lump sum payments may be garnished |
| Is the CCPA applied to lump sum payments? |
Yes.
Lumps sums are to be either the court ordered required percentage of a bonus for those orders with chargeable bonuses, or up to 50% of the bonus or arrears amount, which ever is less.
|
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| Minnesota |
| Contact Information |
Correspondence Address |
MN CSED Help Desk
Phone: (651) 215-1717 or
toll-free : (800) 657-3890 |
MN CSED Help Desk
444 Lafayette Road North
St Paul, MN 55155-3846 |
| Is there a State definition of Lump Sums? |
Yes, a lump sum is payment from a payor of funds of $500 or more. Lump sums may include (but are not limited to):
- severance pay
- accumulated vacation pay
- accumulated sick pay
- bonuses
- commissions
- other types of pay or benefits
|
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Employers are instructed to notify the public authority of the pending lump sum per the federal Order/Notice to Withhold Income for Child Support.
Minn. Stat. § 518.53, Subd.11
|
| What is the threshold amount for lump sum to be reported? |
An employer is required to report all lump sum payments of $500 or more. |
| How long must the employer hold the lump sum? |
The employer must hold the lump sum payment for 30 days after the date the lump sum payment would otherwise have been paid to the obligor, prior to releasing the funds to the State Disburse-ment Unit. |
| Is the IWO used for lump sums? |
|
| Are other processes or document(s) used to attach lump sums? |
Lien/levy |
| Is the CCPA applied to lump sum payments? |
No. The CCPA limits would apply to the regular wages but not to the lump sum portion. |
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| Mississippi |
| Contact Information |
Correspondence Address |
Debra Johnson-Cockrell
Phone: (601) 359-4315
Email: djohnson-cockrell@mdhs.state.ms.us |
P.O. Box 352
Jackson, MS 39205-0352
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| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
Yes. Notice of Lien. |
| Is the CCPA applied to lump sum payments? |
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| Missouri |
| Contact Information |
Correspondence Address |
Andy Wells
Phone: (573) 751-9152
Email: andrew.s.wells@dss.mo.gov
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Family Support Division
P.O. Box 2320
Jefferson City, Missouri 65102-2320
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| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
Not applicable. |
| How long must the employer hold the lump sum? |
Not applicable. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Yes. |
| Is the CCPA applied to lump sum payments? |
Yes, if the payment is "earnings" as defined by the CCPA. |
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| Montana |
| Contact Information |
Correspondence Address |
Julie Bailey
Phone: (406) 444-6893
Email: jbailey@mt.gov
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MT DPHHS
P.O. Box 5955
Helena, MT. 59604-5955
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Nebraska |
| Contact Information |
Correspondence Address |
Denise Walker
Phone: (402) 471-7363
Fax: (402) 471-7311
Email: denise.walker@dhhs.ne.gov |
Income Withholding-Lump Sum Unit
220. South 17th Street
P.O. Box 94728
Lincoln, NE 68509
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Nevada |
| Contact Information |
Correspondence Address |
Debbie Fazzino
Phone: (775) 684-0701
Email: dfazzino@dwss.nv.gov
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Nevada Child Support Enforcement Program
1470 College Parkway
Carson City, NV 89706
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| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No, employers are not required to report.
Lump sum is not defined, but most lump sum payments are subject to income withholding statutes.
NRS 31A.016 “Income” defined.
http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec150 |
| What is the threshold amount for lump sum to be reported? |
N/A |
| How long must the employer hold the lump sum? |
N/A |
| Is the IWO used for lump sums? |
Yes |
| Are other processes or document(s) used to attach lump sums? |
No. |
| Is the CCPA applied to lump sum payments? |
If the lump sum qualifies as income the CCPA applies. See the statutes listed below regarding what qualifies as income and limitations on earnings.
NRS 31.295 Garnishment of earnings: Limitations on amount.
http://www.leg.state.nv.us/NRS/NRS-031.html#NRS031Sec295RS31.295 |
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| New Hampshire |
| Contact Information |
Correspondence Address |
Annette Harney
Phone: (603) 271-4438
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DCSS
129 Pleasant Street
Concord, NH 03301
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| New Jersey |
| Contact Information |
Correspondence Address |
Sara Pascale
Phone: (609) 631-2787
Email: sara.pascale@dhs.state.nj.us
|
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Notice of Lien; CSLN |
| Is the CCPA applied to lump sum payments? |
No. Not required, but limits are applied on a case by case basis |
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| New Mexico |
| Contact Information |
Correspondence Address |
Mark Youtzy
Phone: (505) 222-9987
Email: mark.youtzy@state.nm.us
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NM State Disbursement Unit
P.O. Box 2348
Santa Fe, NM 87504-2348
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| New York |
| Contact Information |
Correspondence Address |
NYS Employer Help Line
Phone: (888) 208-4485
(Select option 2 and then select option 1)
Website:
www.newyorkchildsupport.com
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NYS Child Support Processing Center
PO Box 15363
Albany, NY 12212-5363
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| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
Lien form. Property executions. |
| Is the CCPA applied to lump sum payments? |
Yes. Per CCPA: 50% or 55% or 60% or 65%. |
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| North Carolina |
| Contact Information |
Correspondence Address |
NCCSE Customer Service Center
Phone: (800) 992-9457
Cindy Davis
P.O. Box 190
Everetts, NC 27825
Email: nc.cse.csc@ncmail.net
Fax: (252) 789-5202 |
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| Is there a State definition of Lump Sums? |
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
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| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| North Dakota |
| Contact Information |
Correspondence Address |
Suzanne "Sam" Witkowski
Phone: (701)328-3582 or
toll-free (800) 231-4255
Email: sohire@nd.gov
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Employer Relations
ND Child Support Enforcement
P.O. Box 7190
Bismarck, ND 58507-7190
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| Is there a State definition of Lump Sums? |
Yes. Lump sum payment includes pay in lieu of vacation or other leave, bonus, commission, and any other payment to an obligor but does not include periodic payments made on regular paydays as compensation for services or reimbursement for expenses incurred by the obligor on behalf of the income payer (employer).
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| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. N.D.C.C. Section 14-09-09.34
Income payers (employers) to whom the lump sum reporting law applies are required to "notify" IV-D before making any lump sum payment of $1,000 or more to the obligor. No particular form of notification is mandated.
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| What is the threshold amount for lump sum to be reported? |
Income payers (employers) to whom the lump sum reporting law applies are required to "notify" IV-D before making any lump sum payment of $1,000 or more to the obligor. No particular form of notification is mandated. |
| How long must the employer hold the lump sum? |
Income payers (employers) to whom the lump sum reporting law applies may disburse one-half of the lump sum to the obligor and must hold the other one-half for 30 days or until authorized in writing by IV-D to pay the other one-half, whichever occurs first. Income payers (employers) must continue to hold the other one-half after the 30-day timeframe if the income payer (employer) has been notified that execution, garnishment, attachment, or other legal process has been initiated against the lump sum for child support arrears. |
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
Writ of execution and Child Support Deduction order |
| Is the CCPA applied to lump sum payments? |
No. Income payers (employers) to whom the lump sum reporting law applies may disburse one-half of the lump sum to the obligor and must hold the other one-half for up to 30 days. During this 30 days, IV-D may attach the one-half being held in full or up to the amount needed to satisfy the arrears, whichever is less. |
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| Ohio |
| Contact Information |
Correspondence Address |
First choice: Contact county.
Web site for county contacts:
http://jfs.ohio.gov/Ocs/employers/lumpsumcontact.pdf
Second choice:
Joyce Ellinwood, CSPC Project Manager
Phone: (614) 682-2049
Email: Joyce.Ellinwood@jfs.ohio.gov |
Send correspondence to the county child support office listed on the order. If unable to locate that information, send correspondence to the SDU.
|
| Is there a
State definition of Lump Sums? |
Yes. 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. |
| Are Employers
required to report lump sums? Cite the State law for lump sums. |
Yes.
No later than the earlier of 45 days before the lump sum payment is to
be made, 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 $150 or more that is to be paid
to the obligor, hold each lump sum payment of $150 or more for 30 days
after the date on which it would otherwise 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. Ohio Revised Code section 3121.12 |
| What is the threshold amount for lump sum to be reported? |
$150 |
| How long must the employer hold the lump sum? |
Hold each lump sum payment of $150 or more for 30 days after the
date on which it would otherwise be paid to the obligor. |
| Is the IWO used for lump sums? |
Yes |
| Are other processes or document(s) used to attach lump sums? |
The county CSEAs will follow up with all necessary court and/or
administrative orders. |
| Is the CCPA applied to lump sum payments? |
No |
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| Oklahoma |
| Contact Information |
Correspondence Address |
Toby Hallows
Phone: (405) 522-2357
Email: Toby. Hallows@okdhs.org
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OKDHS/CSE
P.O. Box 53552
Oklahoma City, Oklahoma 73152
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| Is there a State definition of Lump Sums? |
|
| Are Employers required to report lump sums? Cite the State law for lump sums. |
|
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| Oregon |
| Contact Information |
Correspondence Address |
Elene Orpilla
Case Manager, Employer Services
Phone: (503) 986-7112
Email: elene.orpilla@doj.state.or.us
Backup:
Bonnie Pierce
Case Manager, Employer Services
Phone: (503) 986-6064
|
Department of Justice
P.O. Box 14506
Salem, Oregon 97309
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| Is there a State definition of Lump Sums? |
Yes. ORS (Oregon Revised Statutes) 25.414(4) states: "Notwithstanding any other provision of this section, when withholding is from a lump sum payment or benefit, including but not limited to retroactive workers' compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income, the amount subject to withholding for payment of a support obligation may not exceed one-fourth of the amount of the lump sum payment of benefit." (Periodic recurring income is defined as income that is received at least monthly on a regular basis.) |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
ORS 25.414(4)
It is noted on the original withholding order that the Employer should contact the Oregon Child Support Program regarding whether to withhold or not from a lump sum payment.
|
| What is the threshold amount for lump sum to be reported? |
The Employer can withhold 25% of disposable income up to the amount of arrears owed. |
| How long must the employer hold the lump sum? |
Send payment within 7 working days of the pay date/date of withholding. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
|
| Is the CCPA applied to lump sum payments? |
No. Oregon asks the Employer to separate the lump sum payment from the regular wages. We do not go by the CCPA limits (does not apply in the State of Oregon). The Employer can withhold up to 50% of the disposable income from regular wages and up to 25% of the disposable income from the lump sum payment. |
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| Pennsylvania |
| Contact Information |
Correspondence Address |
Stephanie Rush
Phone: (717) 772-8214
Email: strush@state.pa.us |
Bureau of Child Support Enforcement
Central Registry
Attention: Stephanie Rush
P.O. Box 8018
Harrisburg, Pennsylvania 17105
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| Is there a State definition of Lump Sums? |
Yes. Entitlements to money or lump sum awards factored into net income using a method and time period determined appropriate by the court without regard to source include: Lottery winnings, Income tax refunds, Insurance compensation, Settlements, Awards and Verdicts. Any form of payment due to and collectible by an individual.
|
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Yes. Per Pa R.C.P. 1910.21(c) an employer shall not remit to the obligor any severance pay; commutation or compromise pay; worker's compensation benefits; or similar payment without contacting the DRS regarding the amount to be withheld from a lump-sum payment. |
| What is the threshold amount for lump sum to be reported? |
No threshold |
| How long must the employer hold the lump sum? |
Payment is due from the first check after the receipt of the income withholding order. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
Lump sum payments are attached a variety of different ways depending upon what type of lump sum payment is being attached and according to various laws of the 67 Pennsylvania county courts. |
| Is the CCPA applied to lump sum payments? |
Yes. Pennsylvania law specifies that the limits on the amount of income that can be withheld from an obligor’s aggregate disposable weekly earnings for support obligations are described in the Consumer Credit Protection (CCP) Act: A maximum of 50% can be withheld if the obligor has another family to support, but arrears are equal to or less than 12 weeks of support. A maximum of 55% can be withheld if the obligor has another family to support, and arrears represent support that became due more than 12 weeks prior to the current pay period. A maximum of 60% can be withheld if the obligor does not have another family to support but has arrears that are equal to or less than 12 weeks of support. A maximum of 65% can be withheld if the obligor does not have another family to support, and arrears represent support that became due more than 12 weeks prior to the current pay period. |
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| Puerto Rico |
| Contact Information |
Correspondence Address |
ASUME
Phone: (787) 767-1500, ext. 2772, 2704 or 2769
Fax: (787) 767-1852
|
ASUME
P.O. Box 70376
San Juan, Puerto Rico 00936-8376
|
| Is there a State definition of Lump Sums? |
No, however, Guidelines for Establishment and Modification of Child Support and state law defines income to be considered in arriving at the obligation amount. As such, lump sum payments would be included. For example, lump sum payments associated with lottery winnings, workers compensation settlements, bonus payments, severance payments. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Guidelines for Establishment and Modification of Child Support
Art.4(15) |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
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| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
Under special/unusual circumstances, the wage withholding process may be used. |
| Is the CCPA applied to lump sum payments? |
No. |
Top of Page
| Rhode Island |
| Contact Information |
Correspondence Address |
Cathy Collins
Phone: (401) 458-4403
Email: ccollins@cse.state.ri.us
Web site: www.cse.ri.gov
|
Office of Child Support Services
77 Dorrance Street
Providence, RI 02903
|
| Is there a State definition of Lump Sums? |
No. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
No. |
| Are other processes or document(s) used to attach lump sums? |
Yes. Lien and Levy form or Court ordered Lien. |
| Is the CCPA applied to lump sum payments? |
Yes. |
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| South Carolina |
| Contact Information |
Correspondence Address |
Gordon Moseley
Phone: (803) 898-9339
Email: Gordon.Moseley@dss.sc.gov
|
South Carolina Dept. of Social Services
P.O. Box 1469
Columbia, SC 29202
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| Is there a State definition of Lump Sums? |
|
| Are Employers required to report lump sums? Cite the State law for lump sums. |
|
| What is the threshold amount for lump sum to be reported? |
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| How long must the employer hold the lump sum? |
|
| Is the IWO used for lump sums? |
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| Are other processes or document(s) used to attach lump sums? |
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| Is the CCPA applied to lump sum payments? |
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| South Dakota |
| Contact Information |
Correspondence Address |
Rocco Konop
Phone: (605) 773-3641
Email: Rocco.Konop@state.sd.us
|
Division of Child Support
Attention: Rocco Konop
700 Governors Drive
Pierre, SD 57501
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| Is there a State definition of Lump Sums? |
Yes. SDCL 25-7A-1(8)(8) "Income," any form of payment to a person, regardless of source, including wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, unemployment compensation, disability, annuity and retirement benefits, gift or inheritance, all gain derived from capital or labor, profit gained through the sale or conversion of capital assets, and any other payments, including personal property, money and credits on deposit with or in the possession of, or made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by public act. However, for the purposes of income withholding, income excludes: (a) Any amount required by law or as a condition of employment to be withheld, other than creditor claims, including federal, state, and local taxes, social security and other retirement contributions; (b) Any amount exempted by federal law; and (c) Public assistance payments; and SDCL 25-7A-32. Amount withheld for support and arrearage. The amount actually withheld for support and arrearage may not be in excess of fifty percent of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation, or disability benefits. However, the total amount of arrearage may be withheld from personal property, money, and credits, or other income not otherwise exempt herein. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
No. |
| What is the threshold amount for lump sum to be reported? |
|
| How long must the employer hold the lump sum? |
The employer is required to submit the lump sum withholding within 7 days of the payment. |
| Is the IWO used for lump sums? |
Yes. |
| Are other processes or document(s) used to attach lump sums? |
|
| Is the CCPA applied to lump sum payments? |
Yes. SDCL 25-7A-32 The amount actually withheld for support and arrearages may not be in excess of 50% of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, unemployment compensation or disability benefits. |
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| Tennessee |
| Contact Information |
Correspondence Address |
Pamela Harney
Phone: (615) 313-2282
Email: Pamela.C.Harney@state.tn.us |
TN Child Support Fiscal Services
Attention: Richard Paige
400 Deaderick Street
Nashville, TN 37248
|
| Is there a State definition of Lump Sums? |
No, however, the department’s guidelines for determining child support obligations defines sources of income to be considered in arriving at the obligation amount. As such, lump sum payments would be included. For example, lump sum payments associated with lottery winnings, workers compensation settlements, bonus payments, severance payments. |
| Are Employers required to report lump sums? Cite the State law for lump sums. |
Go to address http://www.state.tn.us/sos/rules/1240/1240-02-04.pdf This is the site of Tennessee's Child Support Guidelines. Go to section 1240-2-04 (3) Gross Income. |
| What is the threshold amount for lump sum to be reported? |
N/A |
| How long must the employer hold the lump sum? | |