You may use a consolidated check provided that all information, including the withheld amount, is provided for each employee. The employer is required to provide a copy of the assignment to the employee within 10 days of receipt. The FSD encloses one copy for the employer to provide to the employee. The forms include instructions on how to complete the form so the employee can have a court hearing to determine if the assignment is appropriate. An Earnings Assignment for child support has priority over any other attachment, garnishment, writ of execution, or assignment absent a specific order from the Superior Court.
Child support is paid first.
In addition, the law states the liability for willful failure to comply with assignment could result in the employer's liability for the amount incurred in health care services that would otherwise have been covered under the insurance policy. Refer the employee to Healthy Families or an independent agent can also help provide coverage in the area where the child resides. Otherwise, the employer may still have to enroll the child. Current laws state that an obligor may go to court to terminate the HICA if the amount of the premium can be considered unreasonable. Only the court can make that decision.