Full Text
NOTICE TO EMPLOYER Date: Employee: S.S. Dear Sir/Madam: Attached you will find an Income Deduction Order concerning your Please read this letter and the Income Deduction Order carefully and follow their instruction s as written. Th is letter is yo ur notice und er O.C .G.A. '19-6-33(e), explaining your duties, penalties and rights concerning the Income Dedu ction Order. Definitions - Some of the terms used in the Income Deduction Order and this notice may be confusing. Here is a list of who is meant by som e of the terms: Employee: Recipient: Employer: Basic Requirement and Penalty - Employers are required by law to deduct from an Employee's income the amount specified by the court in the Income Deduction Order. Income includes wages, salary, bonuses, commissions, compensation as an independen t contractor, worker's com pensation, disability benefits, annu ity and retiremen t benefits, pensions, dividend s, royaltie s, or any other p aym ents to a n Em ployee. IF AN EMPLOYER W ILLFULLY FAILS TO DEDUCT THE PROPER AMOUNT, THE EMPLOYER IS LIABLE FOR THE AMOUNT THAT SHOULD HA VE BEEN DED UCTED PLUS CO STS, INTEREST, AND REASONABLE ATTORNEY FEES. Deadlines - You must implement the court's Income Deduction Order within 14 days or no later than the first pay period following the postmark of this notice. You are required to forward the deducte d amo unt with in 2 days a fter each p ay date , to Child Support Enforcement, FSR, P.O. Box 1600, C arrollton , GA 30 112-16 00. With the deduction, you are also required to send a statement about whether the amount you are sending totally or partially satisfies the periodic amount specified in the Income Dedu ction Order. Priority Over O ther Collection Proce sses - The Income Deduction Order has priority over a ll other legal processes under Georgia law pertaining to the same income, and the payment required by the Income Deduction Order is a complete defense against any claims of the Employee or the Employee's creditors as to the sum paid. Maxim um D eduction Amou nt - The amount actually deducted plus all administrative charges shall no t be in ex cess of th e amo unt allo wed unde r Section 303(b ) of the fe deral C onsum er Cre dit Protection Act, 15 U .S.C.A. §1673(b). Conflicting Orde rs - If you get more than one Income Deduction Order against the same Employee, you should seek legal advice from your attorney regarding the proper procedure for informing the Fulton County Superior Court of the conflicting orders pursuant to O.C.G.A.'19-6- 33(e). Continuing Duty - Emp loyers m ust continue to deduct and send the child su pport am ounts specified by the Income Deduction Order until the original support order upon which the Income Deduction Order is based no longer requires payment, is modified, suspended or terminated by order of the cou rt. Prohibition Against Firing Employee - Employers may not discharge an Employee by reason of the e ntry of an Income Dedu ction O rder. If a n Em ployee is disch arged becau se of this r eason , a penalty of not more than $250.00 for the first violation or $500.00 for a subsequent violation will be imposed against the Employer. Penalties shall be paid to the Recipient or whomever is enforcing the Incom e Dedu ction Ord er, if any sup port is owin g. If no sup port is owin g, the pen alty shall be p aid to the Employee. ---PAGE BREAK--- When E mployee Leaves - When the Employer no longer provides income to the Employee, the Emp loyer is required to notify the Recipient within 7 d ays and prov ide the Em ployee's last known address and the name and address of the Employee's new Employer if known. If the Emp loyer willfu lly fails to make notification, the Emp loyer m ay be sub ject to a civil pen alty not to exceed $250.00 for the first violation or $500.00 for a subseq uent viola tion. Pena lties shall be paid to the Recipient or whomev er is enforcing the Income Deduction Ord er. Combin ing Paym ent on Mu ltiple Orders - If you get Income Deduction Orders requiring you to deduct income of 2 or more Employees to pay to the same depository, you may combine the amounts paid in a single paymen t, as long as you identify the amount attributable to each Recipien t. Sincerely, (Sign your name)