News & Resources

Child Support Report Features Management of Tribal Child Support Orders

BY: Alice P. Jacobsohn, Esq. | 11/29/24

The article, “What Payroll Managers Should Know About Tribal Withholding Orders” written by PayrollOrg staff, is featured in the November 2024 edition of the Child Support Report, a monthly e‑newsletter published by the federal Office of Child Support Services (OCSS).

Employers must comply with Income Withholding Orders (IWOs) issued by tribal child support agencies in accordance with regulations on income withholding found in 45 CFR §309.110. A tribal IWO will appear the same as an IWO received from a state agency except the payment may not be directed to a state disbursement unit. Instead, the tribal IWO may instruct employers to send payments directly to the custodial parent or to the tribal child support agency. It’s important for payroll managers to review the IWO closely to identify the form of payment and where to send it.

The article describes two different tribal child support processes: (1) tribes that are part of the national child support program in which payroll departments will receive IWOs on behalf of employees; and (2) tribes that have their own child support processes in which payroll departments will receive orders in other formats, such as on tribal letterhead. Employers must comply with both types of orders but should verify orders not on IWOs.

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Alice P. Jacobsohn, Esq., is Director of Government Relations for PayrollOrg.