Questions Frequently Asked by Employers & Payroll Service Providers

Should I show separate amounts for each obligation for an employee with more than one income withholding order/notice?
No, just indicate the total amount withheld for each employee. Do not list an employee twice even if they have more than one obligation or more than one withholding order/notice.

What should I do if I receive an Income Withholding Notice from a private collection agency?
To ensure your employees receive full credit for the child support you withhold, send all withholdings to the Wisconsin Support Collections Trust Fund (or another state's official disbursement unit when appropriate). Do not send child support withholding payments to private collection agencies.

If you need clarification about an income withholding notice, please contact your local county or tribal child support agency.

What if the parent doesn't make enough money to pay the entire obligation?
You should withhold only up to the limits specified in the federal Consumer Credit Protection Act (CCPA) listed on the income withholding notice for that employee. The employee is still responsible for any difference between the CCPA limits and the court ordered amount and may voluntarily agree to have the full amount withheld.

What if my employee says that they do not owe child support?
Your employee has a right to contest the withholding by notifying the child support agency, but you must obey the income withholding notice/order unless directed differently by the court.

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Do I have to use your employer withholding list/coupon or can I make my own?
You may make your own employer withholding list/coupon if you include all the required information.

Where can I find the employee's Case Identifier PIN or KIDS PIN and my Employer ID Number?
The employee's Case Identifier PIN (also called KIDS PIN) and your Employer KIDS ID Number are on the Income Withholding Notice/Order you received. Your Employer ID Number is also on the withholding list/coupon. You may call a child support agency to obtain either number.

How often will I get an R&D fee withholding form?
If you have an employee who owes R&D fees, you will receive an income withholding notice for R&D fees up to three times per year (spring, summer, and fall).

Why do some employees have an R&D fee debt and others don't?
Some support payers have made this payment personally when due. Also, some court-ordered debts, such as court costs, are not charged an R&D fee.

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Can I recoup my cost of this withholding?
Yes you can. Since this is a separate mailing, actual costs up to $3 are allowed per withholding.

What is the deadline to withhold the R&D fee?
You are required by law to withhold unpaid fees in the next payroll or as soon thereafter as practicable. There must be strong justification for any delay beyond the next payroll.

If I cannot withhold the full amount of the R&D fee from this payroll, should I send in the rest with the next payroll?
No. Submit only the amount of the R&D fee per seasonal withholding that is allowed under the CCPA limits and withholding priorities.

Who do I call with questions about withholding R&D fees?
Please call the Wisconsin Support Collections Trust Fund's R&D information line.

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Do I have to complete the National Support Medical Support Notice for every employee who pays child support?
No. You must complete the National Medical Support Notice only if you receive a National Medical Support Notice for a particular employee. You will be sent these notices for new employees with an order for medical support and for current employees with new or modified medical support orders. You should not complete the National Medical Support Notice for current employees with income withholding (including withholding for health care premiums) unless you receive a new notice for the particular employee.

I received a National Medical Support Notice for an employee who I know receives child support. Why would a parent who receives child support be ordered to provide health insurance for his/her child?
The court may order either parent to provide health insurance for his or her child.

What pages of the National Medical Support Notice must I return to the agency?
We suggest that you make a copy of PART A of the National Medical Support Notice (2 pages), keep the original for your files, and return the copy to the Issuing Agency with the response page completed.

What should I do if the employee's income varies causing the withholding amount to exceed the CCPA limits in some pay periods?
When an employee's income fluctuates, you may use an average monthly income to determine whether health insurance is available at a reasonable cost and if the total amount withheld is allowable under the Consumer Credit Protection Act. If using an average income and the health care premiums are above the limits and priorities, the employee's income is not sufficient for the deduction of health insurance premiums. You should complete item number 5 on the Employer Response form and send the form to the Issuing Agency. Employers are not expected to enroll/disenroll the children on a month-to-month basis due to the employee's fluctuating income.

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What happens with temporary layoffs and seasonal employees?
If health insurance remains available to employees who are on temporary layoff or who are seasonal workers, and the employee has wages available for the withholding of the premium, and the withholding complies with all the other terms of the National Medical Support Notice (e.g., the withholding limits), you should continue withholding the health insurance premium.

If insurance is not available or if there is no income from which to withhold premiums, you should notify the Issuing agency (listed in the upper-left corner of the National Medical Support Notice). This notification may be a copy of any notice you are required to provide under the continuation coverage provisions of ERISA or HIPAA.

Who is responsible for notifying the employee about the withholding for health insurance premiums?
The plan administrator is required to notify the employee.

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What do I need to do if the insurance provider changes or family insurance is not available?
If there is a change in the insurance provider, you should forward PART B to the new Plan Administrator and notify the Issuing Agency (listed in the upper-left corner of the National Medical Support Notice).

If the insurance is no longer available to all your employees in the same classification, you should notify the Issuing Agency.

What do I need to do if the employee quits or is laid off for a long term?
You should notify the Issuing Agency. This notification may be a copy of any notice you are required to provide under the continuation of coverage provisions of Employee Retirement Income Security Act of 1974 (ERISA) or the Health Insurance Portability and Accountability Act (HIPAA).

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I offer employees a choice of health insurance from different providers. If my employee has joint custody that allows him/her to make medical decisions for the child, can I enroll the child in the plan the employee chooses, or do I enroll the child in the plan the other parent chooses?
If your employee is enrolled in a family plan or a plan with coverage for dependents, you may enroll the children in the same plan.

The notice instructs me to enroll the child in and withhold premiums for basic health coverage, and in a separate plan for dental coverage. The withholding limit will only allow me to enroll the child in one of these insurance plans, not both. What should I do?
Generally, the preference is to enroll the child in medical coverage. You may contact the insured parent or the Issuing Agency for assistance in determining which coverage type is the most appropriate for enrolling the child.

What if family coverage is eliminated for some of my employee classifications, and the employee with the medical insurance order is in one of the classifications that no longer are eligible for family coverage?
If the classification of your employee with the medical insurance order is no longer eligible for family coverage, you should treat that employee as you do others in the same classification. You should also notify the Issuing Agency that the employee is no longer eligible for family coverage.

State law §767.513(4)(c) states that "After the child has coverage under the employer's health benefit plan, and as long as the parent is eligible for family coverage under the employer's health benefit plan, continue to provide coverage for the child unless the employer receives satisfactory written evidence that the court order is no longer in effect or that the child has coverage of health care expenses under another health insurance policy or health benefit plan that provides comparable coverage of health care expenses."

The disenrollment criteria does not include the failure to pay the premiums. If premiums are not received for the insurance, must the plan provider still provide coverage?
State law §767.513(4)(c) states that "After the child has coverage under the employer’s health benefit plan, and as long as the parent is eligible for family coverage under the employer’s health benefit plan, continue to provide coverage for the child unless the employer receives satisfactory written evidence that the court order is no longer in effect or that the child has coverage of health care expenses under another health insurance policy or health benefit plan that provides comparable coverage of health care expenses."

State law §632.897(10)(am)3 states, "After the child is covered under the group policy or individual policy, and as long as the individual is eligible for family coverage under the policy, continue to provide coverage for the child unless the insurer receives satisfactory written evidence that the court order is no longer in effect or that the child has coverage under another group policy or individual policy that provides comparable health care coverage."

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What is satisfactory written evidence that my employee is NOT required to provide health insurance?
Satisfactory written evidence means you are notified in one of the three following ways:

  1. You receive, for the employee, a new Order/Notice to Withhold Income for Child Support with the Health Insurance Box not filled in. By not checking this box the child support agency is indicating that the employee is not court ordered to provide health insurance coverage for his/her dependent children.

  2. You receive a letter from the child support agency stating that the identified employee's medical support order has been officially ended and/or the employee is no longer obligated to provide health insurance coverage through his/her employer.

  3. A parent provides written documentation from an insurance carrier that the children have comparable health insurance coverage, and that coverage is currently in effect. You or the plan administrator must notify the Issuing Agency prior to ending coverage for the child.

I am a self-insured employer. My company is subject to the Employee Retirement Income Security Act (ERISA), and requires a Qualified Medical Support Court Order (QMSCO) before a dependent is added to an employee's health plan. Can I still require a Qualified Medical Support Court Order or must I accept the National Medical Support Notice?
The National Medical Support Notice meets the requirements for a Qualified Medical Support Court Order (QMSCO). The plan administrator of a group health plan must treat the Notice as a Qualified Medical Support Court Order under section 609(a) of Title I of the Employee Retirement Income Security Act (ERISA).

If you determine that a specific Notice does not constitute a Qualified Medical Support Court Order (QMSCO) (perhaps there is some required information missing for that particular notice), you must complete Response 5 of Part B - Plan Administrator (2 pages) and send it to the Issuing Agency, and inform the non-custodial parent, custodial parent, and children of the specific reasons for your determination.

The US Departments of Labor and Health and Human Services jointly developed the National Medical Support Notice and published the requirements in the Federal Register. The final federal regulation can be viewed at www.dol.gov/ebsa/regs/fedreg/final/2000032411.pdf.

What if my employee contests the premium withholding?
The employee may contest the withholding under the Notice based on a mistake of fact (such as mistaken identity). To contest withholding, the employee should contact the Issuing Agency at the address and telephone number listed on the Notice. With respect to plans subject to the Employee Retirement Income Security Act (ERISA), it is the view of the US Department of Labor that Federal Courts have jurisdiction if the employee challenges a determination that the Notice constitutes as a Qualified Medical Child Support Order.

Should your employee contest the withholding under the Notice, you must proceed to comply with the employer responsibilities in the Notice until notified by the Issuing Agency to discontinue withholding.

Does the plan administrator have to send separate notification of coverage to the custodial parent and the child(ren)?
If the custodial parent and the children have the same address listed on the National Medical Support Notice, the plan administrator may send a single notice to that address. In most cases, if the custodial parent and the children have the same address, the children's address will not be listed on the National Medical Support Notice.

In some cases, the other parent's and children's address will be the same address as the Issuing Agency. In these cases, coverage information should be sent to the Agency address. In other cases, a name and address of a Representative of the children will be listed. Coverage information should be sent to that address.

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Updated June 20, 2012

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