Child Support Enforcement Law Summaries
Hawaii, Child Support Enforcement Law Summaries
Hawaii's child support law is part of the wage garnishment statutes and is located in the Hawaii Revised Statutes at Title 20, Chapter 353; Title 31, Chapter 571; and Title 36, Chapters 652 and 653. The full text of the law is available beginning at Wages-Hours ¶12-47,001 .
DEFINITIONS
“Income” includes without limitation, salary, wages, earnings, workers' compensation, unemployment compensation, disability benefits, commissions, independent contractor income, and any other entitlement to money, including money payable as a pension or an annuity, retirement or disability, death, or other benefit, or as a return of contributions and interest from the U.S. Government, the state or other political subdivision of the state, or from any retirement, disability, or annuity system established by any of them (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000; and Secs. 571-52.3 and 571E-16).
COVERAGE
Interstate support requirements.- The Uniform Interstate Family Support Act is in effect in Hawaii.
An income withholding order issued in another state may be sent to the employer of the person owing support without first filing a petition or comparable pleading or registering the order with a Hawaii tribunal (Sec. 576B-501, as amended by S. 2758, L. 1999, effective June 8, 2000).
Upon receipt of an income withholding order, the employer must immediately provide a copy of the order to the affected employee. The employer must treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a Hawaii tribunal (As added by S. 1268, L. 1997, effective July 1, 1997).
Except as otherwise provided below, the employer must withhold and distribute the funds as directed in the withholding order by complying with the terms of the order that specify (As added by S. 1268, L. 1997, effective July 1, 1997):
the duration and the amount of periodic payments of current child support, stated as a sum certain;
the person or agency designated to receive payments and the address to which the payments are to be forwarded;
medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the employee to provide health insurance coverage for the child under a policy available through employment;
the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the other parent's attorney, stated as sums certain; and
the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
An employer must comply with the law of the state of the employee's principal place of employment for withholding from income with respect to (As added by S. 1268, L. 1997, effective July 1, 1997):
the employer's fee for processing an income withholding order;
the maximum amount permitted to be withheld from the employee's income; and
the times within which the employer must implement the withholding order and forward the child support payment.
If an employer receives multiple income withholding orders with respect to the earnings of the same employee, the employer satisfies the terms of the multiple orders if it complies with the law of the state of the employee's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees (As added by S. 1268, L. 1997, effective July 1, 1997).
An employer who complies with an income withholding order issued in another state as described above is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the employee's income as to that order (As added by S. 1268, L. 1997, effective July 1, 1997).
An employer who willfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a Hawaii tribunal (As added by S. 1268, L. 1997, effective July 1, 1997).
EXCEPTIONS
Exempt from garnishment are a portion of the employee's wages, salary, stipend, commissions, annuity, or net income under a trust remaining after the deduction of any amounts required by law to be withheld. The portion is five percent of the first $100; 10 percent of the next $100; and 25 percent of the excess over $200 per month, or an equivalent amount per week (Sec. 652-1). Also exempt are the wages, salaries, commissions, and all other compensation for personal services due to the employee for services rendered during the 31 days before the date of the court proceeding (Sec. 651-121).
The right to a pension, annuity, retirement or disability allowance, death benefit, any optional benefits, or any other right accrued or accruing under any retirement plan or arrangement under specific Internal Revenue Code sections or any fund created by the plan or arrangement is exempt from attachment, execution, seizure, the operation of bankruptcy or insolvency laws, or under any legal process, whatever. However, this does not apply to a qualified domestic relations order (Sec. 651-124).
WHAT THE EMPLOYER MUST DO
Payment amounts.- An assignment of income must be paid to the clerk of the court or child support enforcement agency, as directed in the order. The order of assignment is effective immediately after service on the employer of a true copy of the order. The service may be effected by regular mail, by personal delivery, or by transmission through electronic means (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
Fees charged by employers.- The employer may charge a fee of $2.00 for each payment (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000; Secs. 571-52.2, as amended by S. 2758, L. 1999, effective June 8, 2000; and Sec. 576E-16, as amended by H. 2433, L. 2001, effective May 31, 2002).
Medical support orders.- Each child support order must include a provision concerning the liability of the person owing support for accident and sickness insurance coverage when such coverage is available at reasonable cost (Sec. 571-52.6, as amended by Act 293 (S. 1266) and S. 1268, L. 1997).
Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in Hawaii, the employer is required (Sec. 431L-4, as amended by Act 383 (H. 118), L. 1997):
To permit the parent to enroll under the family coverage or reciprocal beneficiary family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;
If the parent is enrolled but fails to make application to obtain coverage for the child, to enroll the child under family coverage or reciprocal beneficiary family coverage upon application by the child's other parent, by the state agency administering the Medicaid program, or by the state agency administering the child support enforcement program;
Not to disenroll (or eliminate coverage of) any such child unless the employer is provided satisfactory written evidence that (a) the court or administrative order is no longer in effect; (b) the child is or will be enrolled in comparable coverage that will take effect no later than the effective date of disenrollment; or (c) the employer has eliminated family health coverage or reciprocal beneficiary family coverage for all of its employees; and
To withhold from the employee's compensation the employee's share (if any) of premiums for health coverage and to pay this amount to the insurer.
Where the responsible parent is ordered to provide medical insurance coverage for the dependent child, the standard notice for such medical support prescribed by Title IV-D of the Social Security Act, as amended by the agency, shall be issued. The agency shall forward a copy of the notice, by regular mail, by personal delivery, or by transmission through electronic means, to the responsible parent's employer or union when the responsible parent fails to provide written proof to the agency, within 30 days of receipt of the order, that the insurance has been obtained, that application for insurance coverage has been made, or within two business days after the date of entry or a responsible parent in a Title IV-D case in the state directory of new hires, whichever shall first occur (Sec. 576E-17(a), as amended by S. 675, L. 2005).
Upon receipt of the copy of the notice, or upon request of the responsible parent pursuant to the order, the employer or union shall enroll the dependent child as a beneficiary in the group medical insurance plan and withhold any required premium from the responsible parent's income. If more than one plan is offered by the employer or union, the child shall be enrolled in the plan in which the responsible parent is enrolled or the least costly plan otherwise available to the responsible parent that is comparable to the plan in which the responsible parent is enrolled (Sec. 576E-17(b), as amended by S. 675, L. 2005).
A dependent child whom a responsible parent is required to cover as a beneficiary pursuant to this section is eligible for insurance coverage as a dependent of the responsible parent until the duty of support expires or until further court or administrative order. The insurance coverage shall not be terminated prior to the expiration of the duty of support or the entry of an order relieving the responsible parent of the duty to provide insurance coverage, unless it is determined by the agency that insurance coverage is being provided through appropriate alternative means (Sec. 576E-17(c), as amended by S. 675, L. 2005).
The signature of the custodial parent of the insured dependent child is a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of medical services. When an order for dependent insurance coverage is in effect and the responsible parent's employment is terminated, or the insurance coverage is terminated, the insurer shall notify the agency within 10 days of the termination date with notice of conversion privileges, if any (Sec. 576E-17(d), as amended by S. 675, L. 2005).
Notwithstanding any other law to the contrary, when an order for insurance coverage is in effect, the responsible parent's employer or union shall release to the agency, upon request, information on the dependent coverage available to the responsible parent, including the name of the insurer. The employer or union shall also provide any other information and perform all tasks as required by the notice issued pursuant to this section (Sec. 576E-17(e), as amended by S. 675, L. 2005).
Any responsible parent who fails to comply with an order requiring the maintenance of insurance coverage for the dependent child shall be liable for any medical expenses incurred by the obligee or the state after the effective date of the order (Sec. 576E-17(f), as amended by S. 675, L. 2005).
The agency may terminate the requirement for the responsible parent's employer or union to enroll the dependent child as a beneficiary in the group medical insurance plan and withhold any required premium from the responsible parent's income by sending a notice to the employer or union by regular mail, by personal delivery, or by transmission through electronic means. The notice shall be issued upon determination by the agency that the obligor no longer is required to provide medical insurance coverage or that such coverage is being provided by another employer (Sec. 576E-17(g), as added by S. 675, L. 2005).
Retaliation.- It is unlawful for any employer to refuse to hire a prospective employee, to discharge an employee, or to take any other disciplinary action against an employee because of an assignment of wages (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
Priority.- An assignment or order for child support has priority over any garnishment, execution, attachment, or other assignment order (Sec. 571-52.2, as amended by S. 2758, L. 1999, effective June 8, 2000). A court-ordered wage assignment for child support has priority over any garnishment, attachment, execution, or other assignment order or any order unless otherwise ordered by the court (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
Public employees.- The term employer includes the United States government, the state, any political subdivision thereof, and any person who is or becomes obligated to pay the income (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
Multiple support orders.- When successive actions are brought against the same person, precedence is given to the first service made on the person (Sec. 652-7). If it appears that there are conflicting claims made on the employee's money, the employer may make application for an interpleader order and the judge will then make the orders just and reasonable (Sec. 652-9). An order for child support has priority over any other garnishment, attachment, or other assignment order (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
If concurrent assignment orders or notices to withhold child support would cause the amounts withheld to exceed applicable wage withholding limits, the amount withheld must be allocated so that in no case will the allocation result in a withholding for one of the support obligations not being implemented. Thereafter, arrearages due under the income withholding orders or the notices to withhold child support are to be satisfied in the order of service, up to the applicable limit (Sec. 576E-16, as amended by H. 2433, L. 2001, effective May 31, 2002).
If the employer is required to withhold amounts from the income of more than one employee, the employer may send a sum total of the amounts in one check with a listing of the amounts applicable to each employee (Sec. 571-52.2, as amended by S. 2758, L. 1999, effective June 8, 2000).
NOTICE
Notification to employer.- The order of assignment is effective immediately after service on the employer of a true copy of the order by regular mail, personal delivery or by transmission through electronic means (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
Termination of employment.- The person ordered to pay should inform the court immediately of any change that would affect the order of assignment or the disbursement thereof (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
DEADLINES
The employer will send amounts withheld to the other parent or, if requested, to Hawaii's child support enforcement agency within five working days after the employee is paid. The employer must begin withholding no later than the first pay period occurring within seven business days following the date a copy of the order is mailed to the employer (Sec. 571-52.2, as amended by S. 2758, L. 1999, effective June 8, 2000).
WHO TO CONTACT
The state child support enforcement office may be contacted at Child Support Enforcement Agency, Department of Attorney General, P.O. Box 1860, Honolulu, HI 96805-1860. Telephone: (808) 587-3698. Fax: (808) 587-3716.
PENALTIES
Compliance by the employer with an order of assignment will operate as the discharge of the employer's liability to the employee for that portion of income withheld and transmitted to the clerk of the court or child enforcement agency (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
An employer that fails to comply with the requirements to withhold income according to assignment orders is liable to the person to whom payment is made for the full amount of all sums ordered to be withheld and transmitted (Sec. 571-52.2, as amended by S. 2758, L. 1999, effective June 8, 2000).
An employer who refuses to hire, discharges, or takes disciplinary action against an employee will be guilty of a misdemeanor (Sec. 571-52, as amended by S. 2758, L. 1999, effective June 8, 2000).
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