La. Admin. Code tit. 67 § III-2509

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-2509 - Income Assignment

A. In all new or modified child support orders enforced by Child Support Enforcement Section (CSE) and all new child support orders after January 1, 1994, that are not being enforced by CSE, the court shall order an immediate income assignment unless a written agreement exists between the parties for an alternate arrangement, or the court finds good cause not to require an immediate income assignment. The notice given to employer shall be issued on the federally-approved income withholding order (IWO) form as required by federal law. Employers shall remit any amounts withheld through income assignment within seven days.

B. In any case in which CSE is providing services, if not previously subject to income assignment, the order shall become subject to withholding, if arrearages occur, without the need for a judicial or administrative hearing. Orders enforced by CSE will be subject to withholding without advance notice to the obligor. The payor of income is notified to withhold an amount for current support plus an additional amount, determined by CSE toward any arrears owed. The amount subject to be withheld cannot exceed the percentage of disposable income as defined in R.S. 13:3881 or the federal wage garnishment.

C. The forms of income available for assignment include any singular or periodic payment to an individual regardless of source, including but not limited to, wages, salary, interest, commission, independent contractor compensation, disability income, unemployment compensation, worker's compensation, bonuses, judgments, settlements, annuity and retirement benefits, and any other payments made by any person, private entity, federal, or state government, any unit of local government, school district, or any entity created by public act.

D. The payor of income may deduct a $5 processing fee from the noncustodial parent's income each pay period during which the income assignment order is in effect. If the payor of income discharges, disciplines, or otherwise penalizes a person ordered to pay support because of the duty to withhold income, the payor of income may be liable for the accumulated amount or be subjected to other sanctions.

E. All income assignment orders shall be payable through the Louisiana state disbursement unit. Payments shall be made payable to the Department of Children and Family Services and mailed to:

Centralized Collection Unit

Post Office Box 260222

Baton Rouge, LA 70826-0222

La. Admin. Code tit. 67, § III-2509

Promulgated by the Department of Health and Human Resources, Office of Family Security, LR 11:1083 (November 1985), amended by the Department of Social Services, Office of Eligibility Determinations, LR 16:33 (January 1990), amended by the Department of Social Services, Office of Family Support, LR 23:748 (June 1997), LR 26:356 (February 2000), LR 36:74 (January 2010), amended by the Department of Children and Family Services, Child Support Enforcement Section, LR 39:1765 (July 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:236.3 and 45 CFR 303.100, P.L. 104-193.