business day

(6) (A) (i) The employer of any noncustodial parent to whom paragraph (1) applies, upon being given notice as described in clause (ii), must be required to withhold from such noncustodial parent’s income the amount specified by such notice (which may include a fee, established by the State, to be paid to the employer unless waived by such employer) and pay such amount (after deducting and retaining any portion thereof which represents the fee so established) to the State disbursement unit within 7 business days after the date the amount would (but for this subsection) have been paid or credited to the employee, for distribution in accordance with this part. The employer shall withhold funds as directed in the notice, except that when an employer receives an income withholding order issued by another State, the employer shall apply the income withholding law of the State of the obligor’s principal place of employment in determining— (I) the employer’s fee for processing an income withholding order; (II) the maximum amount permitted to be withheld from the obligor’s income; (III) the time periods within which the employer must implement the income withholding order and forward the child support payment; (IV) the priorities for withholding and allocating income withheld for multiple child support obligees; and (V) any withholding terms or conditions not specified in the order. An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice. (ii) The notice given to the employer shall be in a standard format prescribed by the Secretary, and contain only such information as may be necessary for the employer to comply with the withholding order. (iii) As used in this subparagraph, the term “business day” means a day on which State offices are open for regular business. (B) Methods must be established by the State to simplify the withholding process for employers to the greatest extent possible, including permitting any employer to combine all withheld amounts into a single payment to each appropriate agency or entity (with the portion thereof which is attributable to each individual employee being separately designated). (C) The employer must be held liable to the State for any amount which such employer fails to withhold from income due an employee following receipt by such employer of proper notice under subparagraph (A), but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph. (D) Provision must be made for the imposition of a fine against any employer who— (i) discharges from employment, refuses to employ, or takes disciplinary action against any noncustodial parent subject to income withholding required by this subsection because of the existence of such withholding and the obligations or additional obligations which it imposes upon the employer; or (ii) fails to withhold support from income or to pay such amounts to the State disbursement unit in accordance with this subsection.

Source

42 USC § 666(b)(6)


Scoping language

As used in this subparagraph
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