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Office of Child Support - Direct Interstate Withholding
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In order to best protect confidential and other important data, the ODJFS website will no longer support several outdated web browsers. Effective December 5, Internet Explorer 6 or older, Opera 4 or older and Netscape Navigator will no longer work on ODJFS sites that are https-enabled. Individuals can download the most recent version of Internet Explorer here and the most recent version of Opera here.

 DIRECT INTERSTATE INCOME WITHHOLDING OVERVIEW

Employer Responsibilities for Direct Interstate Withholding 

The Uniform Interstate Family Support Act (UIFSA) established uniform rules and procedures that govern interstate child support cases. This law standardizes the withholding process throughout the country. One of the cornerstones of UIFSA is direct income withholding. Direct income withholding involves sending an income withholding to a non-custodial parent's employer in another state.
 
To initiate direct income withholding, a child support agency, an attorney, or either parent may send an income withholding order/notice, issued by any state, directly to the non-custodial parent's employer in another state. The order/notice [in Ohio, called the Income Withholding for Support (JFS 04047)] does not have to be "served" on the employer, but may be delivered by first class or certified mail, fax or hand, as permitted by state law. 

Upon receiving an order/notice from another state, an employer must:

  • provide a copy of the order/notice to the employee immediately
  • begin withholding and sending the payments to the address cited in the withholding order/notice
  • continue honoring the withholding order/notice until official notification is received from the initiating agency/individual to stop or make a change to the withholding.

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Which State's Laws Apply With Regard to Direct Interstate Withholding?

Upon receipt of a direct income withholding from another state, apply Ohio's law to determine the following specific requirements:

  • Time periods to begin withholding
  • Time periods for remitting payments following the date of withholding
  • Allocation of support when you receive more than one income withholding order/notice for the same employee
  • Treatment of lump-sum payments to the employee
  • Employer fees that can be assessed
  • Penalties for failure to honor the direct income withholding order/notice
Please refer to the Income Withholding section for more information about the requirements listed above, as well as the definition of "income."

Wages must be withheld and distributed as directed in the order/notice by complying with the following:

  • The duration and amount of the support payments.
  • The person or agency designated to receive payments and address to which the payments are forwarded.
  • The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligor's attorney.
  • The amount of payments on arrearages and interest on any arrearages.

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Contesting an Order/Notice 

An affected employee has the right to contest an order/notice of direct income withholding. The employee should notify the issuing state agency/individual and attempt to resolve the matter. 

An employer should continue to honor the direct income withholding until notified by the issuing agency/individual.

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Standardized Income Withholding Form

To help employers, there is a standard form, the Income Withholding for Support for governmental child support agencies, attorneys, or individuals to use when initiating direct income withholding. The standardized Order/Notice includes:

  • names of parties, including children;
  • whether to begin withholding, change the amount being withheld or terminate the withholding;
  • how much to withhold for current support, past-due support, medical support and other specific amounts;
  • how much to prorate for different pay frequencies;
  • remittance information;
  • additional information about priority, combining payments, reporting the withhold date, multiple withholding for an employee, termination notice, lump sum payments, liability, anti-discrimination and withholding limits.

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Direct Interstate Withholding Links & Resources 

for more information about the requirements listed above, please refer to the Income Withholding section.

Ohio's UIFSA law can be found at: Ohio Revised Code Chapter 3115.

Information about the Federal Office of Child Support Enforcement, can be found at: http://www.acf.hhs.gov/programs/cse/.

Information about the federal regulations governing child support can be found at: http://www.access.gpo.gov/nara/cfr/waisidx_09/45cfr303_09.html.

Access the child support related frequently asked questions and answers at: http://jfs.ohio.gov/Ocs/OCSFAQs.stm.

The Ohio Administrative Code rules used with intergovernmental cases can be found at: http://codes.ohio.gov/oac/5101%3A12-70

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Last Updated 08/05/2015