Income Withholding Orders: A Practical Update for Employers
- United States
- 07/29/2008
In addition to child support orders issued in Florida, employers must implement withholding orders (also referred to as “garnishments”) issued by agencies in other states. In fact, employers should treat out-of-state orders as though they were issued by a Florida court or agency. Additionally, employers must provide copies of the orders to the obligor-employees and distribute the funds as directed. Florida law broadly defines “income,” so employers should be sure to include the following in their calculations: any form of wages, salary, bonuses, workers’ compensation, retirement benefits, pensions, and any amounts contracted for or otherwise legally due (such as lawsuit settlements). Employers who fail to do so will be liable for the amount that should have been deducted plus costs, interest, and reasonable attorneys’ fees. Employers who violate the statute are also subject to civil penalties. In addition, employers cannot discharge, discipline, or refuse to hire a person because of an income withholding order. For more information please contact Kathleen Liever.
