Child Support and the CARES Act FAQ

Definitions

CARES Act – The Coronavirus Aid, Relief, and Economic Security Act signed into law on March 27, 2020, to provide fast and direct economic assistance to Americans.
Title IV-D Case - A child support case in which your child support order is being enforced by the state child support agency, Division of Child Support Services (DCSS).
Non-IV-D Case – A child support case in which DCSS is not involved.

Federal Stimulus Checks and Child Support Arrearages
Generally speaking, unless your child support order is being enforced by DCSS your federal stimulus check will not be intercepted for child support arrears.



1. Will the federal stimulus rebate payments be subject to child support collections like federal tax refunds (Federal Tax Refund Offset program)? 2. If I owe child support, will my federal stimulus rebate payment be applied to my child support arrears? 3. If I owe child support, will I be notified that my federal stimulus rebate payment is going to be applied to my child support arrearage balance? 4. What if I am married to someone who owes child support arrears, will my federal stimulus rebate payment be applied to the child support arrears my spouse may owe? 5. If I am the parent receiving child support, will I receive any money from a stimulus rebate payment intercepted by the federal government from the paying parent on my case?

Financial Hardship Related to COVID-19 and Temporary Modification of Child Support



1. How do unemployment insurance benefits relate to child support collections? 2. Can a parent request that a child support order be modified because they were terminated or furloughed from their employment? 3. How do I determine if I am entitled to a modification of the child support obligation? 4. If I qualify for a temporary modification of child support, how do I file? 5. If you receive a temporary modification of child support, when does it become effective? 6. What if I was furloughed, so I still have a job, but my hours have decreased? 7. If I was furloughed with reduced hours, how does this effect my income withholding order with my employer? 8. If I get a temporary modification of child support, how long does it last?

Employers and Income Withholding Orders
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, is designed to encourage Eligible Employers to keep employees on their payroll, despite experiencing economic hardship related to COVID-19, with an employee retention tax credit (Employee Retention Credit). See FAQs:
https://www.irs.gov/newsroom/faqs-employee-retention-credit-under-the-cares-act



1. Does my company still have to honor an income withholding order if the employee is being maintained under CARES? 2. Does my company still have to honor an income withholding order if the employee is furloughed to reduced or part time hours? 3. Does my company still have to honor non-child support withholding orders (e.g. garnishments) if the employee is furloughed to reduced or part time hours? 4. Can my company encourage an employee to seek a temporary modification of child support?