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Garnishment Legislative and Compliance Update


Product Code - PYAU01
Speaker(s): Amorette (Amy) Bryant, CPP
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Just when you think you understand everything there is to know about wage garnishments, the rules change.  

Most changes are a result of legislation, but others are internal to an agency. Whether it’s based on law or procedures, it will change the way you should handle that type of garnishment, in that state. Some of these changes even affect IRS Levies. Not all changes are reported to a wide audience, or if reported, the significance of a particular change may not be emphasized.  This webinar is intended to cover not only legal changes but other things that may impact how you handle certain requirements. Additional materials will be provided that document these changes. 

Creditor Garnishment

Most legislation passed this year affects current handling, but several affect changes that do not take place until 2013.  For 2012, changes that effected creditor garnishments include:

  • A state that increased the statutory exemption for garnishment.
  • A state that passed emergency legislation affecting who may sign an interrogatory.
  • A state that increased the amount an employer may charge for handling garnishments.
  • Two states that changed the number of days to withhold for a garnishment.

In 2013 at least one state which uses state minimum wage to calculate the statutory exemption will have an increase to SMW. Several other states, which use SMW in the calculation, have been trying to increase SMW. Learn which states use SMW. 
So far one state has passed legislation to change how the statutory exemption will be calculated. That change affects garnishments, state tax levies and collections for debts owed to state agencies will increase.  

Support

Many legislative changes for support affect New Hire Reporting.  Two federal laws affected new hire reporting; one added a required element to be reported. That change leads the child support community to ask the IRS to change the W-4. The other change redefines a re-hire.

Several states passed laws to bring their state into compliance with the federal requirements for reporting, but one state went a little further and requires monthly salary be reported.  Who is driving these changes?  You may be surprised, because it is not the support agencies.

A huge benefit to employers is the stand that the Federal Office of Child Support Enforcement (OCSE) took, in requiring all states use a form that matches the federal form, with provisions for employers to return orders that do not conform. However, there are a few problem states and recommendations for handling those orders will be discussed.

OCSE continues to try to streamline how employers do business and these processes will be identified.

One state now requires the employer to collect a fee for the agency; the problem is not the requirement as much as how that requirement is identified in the IWO. Learn what to look for in orders from that state. 

Tax Levies

One state is revising the notice of levy form to make it easier for employers to understand. The answer process is simplified and electronic reporting is allowed. That state also wants to receive electronic payments.

Those states which changed statutory exemption for creditor garnishment affected state tax levies. Make sure you understand what states that applies to.

The IRS provided information to APA which clarifies when an employer can stop withholding without further notification from the IRS. 

There will be time to ask questions about your garnishment issues. Take this opportunity get answers to address your challenges. 

Register quickly and easily online to secure your space now. Or, please call 1-800-372-1033 option 6, then sub-menu option 1, and refer to date and title of conference. Lines are open Monday through Friday from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

Don't miss this opportunity to hear a lively, dynamic presentation. Not only are Webinars an excellent way for you to stay current; with BNA you also get:

  • Quality. Count on it. Nothing is canned.
  • Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don't use our Webinars as a forum to sell outside solutions.
  • Affordability. BNA Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in-all for the price of a single registration.
  • Convenience. No airlines. No travel. No time out of the office.

In addition, you'll receive:

  • Personal attention. Once you've registered, send your questions in advance to rbronson@bna.com and they'll be included in the program. You'll also have a chance to ask your questions during the Webinar.
  • Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow up e-mail with contact information for our speakers, as well as other materials related to the topic.
  • 1.0 CPE or APA RCH credits by attending this Webinar. Find out how  
    CPE APA RCH

 

 

Amorette (Amy) Bryant, CPP

Garnishment Consultant  and author (Complete Guide to Federal and State Garnishment) 
Bryant resized

Amorette (Amy) Bryant, CPP, has 15 years of experience managing large payroll departments in both the private and public sectors, and 12 years of experience as a consultant.  A widely recognized authority in the area of Garnishment Administration, her background also includes: 

  • Author of the Complete Guide to Federal and State Garnishment, 2010  edition, Aspen Publishers
  • Coauthor of the Federal Office of Child Support Enforcement's The Employer's Desk Guide to Child Support
  • Member of the APA Subcommittee for Child Support and the Subcommittee for Wage Attachments   
  • Worked with the federal Office of Child Support Enforcement to design the Order/Notice to Withhold