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If I receive an IWO from one state and the obligor or employee works in another state, which state’s law governs the IWO?

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  • If I receive an IWO from one state and the obligor or employee works in another state, which state’s law governs the IWO?

Under the Uniform Interstate Family Support Act (UIFSA), employers must comply with the law of the issuing state regarding:

  • duration and amount of current support payment;
  • payment address;
  • medical support, either as cash payments or insurance coverage available from employment;
  • amount of payments for fees and costs of the child support agency, issuing tribunal, or attorney; and
  • arrears payment amounts and interest on those arrears.

UIFSA also adds that the state law of the obligor’s “principal place of employment” addresses the:

  • employer’s fee for processing the IWO,
  • maximum amount to be withheld from income (including lump sums if included in the state’s definition of income),
  • time frames for the employer to implement and remit the payments,
  • the priorities for withholding and allocating income withheld for multiple child support obligees, and
  • any withholding term or condition not specified in the withholding order.

    2020

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