EMPLOYER’S
REGISTRATION
OF NEW EMPLOYEES
According to new Federal Law, new hires after
October 1997, must be submitted to the IRS for verification as to any outstanding child
support orders. This too was part of the Welfare Reform Act. Exactly how it will be
enforced is not clear at this time.
Most likely, since once one is hired, they
employer begins to deduct and pay to the Franchise Tax Board State Income Taxes, and that
is when the FTB then already contacted the employer with their own type of Earnings
Withholding Order for Support (under the Tax Code and not Family Code). These withholding
orders have already been in effect in California for two years, so this Federal Law is
probably not going to make much a difference in California.
What makes a difference is the
"administrative" procedure involved in getting the District Attorney to stop
this type of enforcement since it is unclear as to whether the Family Law Court has any
jurisdiction to modify a FTB Earnings Withholding.
This is one area where someone definitely needs
legal counsel.
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Family Law in California
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