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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: April 24, 2015 12:11 PM
From: Senator Patrick M. Browne
To: All Senate members
Subject: Child Support Garnishment - One Time Employer Fee
 
In the near future, I intend to reintroduce legislation that was introduced as Senate Bill 843 of the 2013-14 legislative session. This legislation would amend Section 4348(j) of Title 23 of the Pennsylvania Consolidated Statutes with respect to the amount an employer may charge in connection with the enforcement of a child support order, by setting forth a one-time fee of $50.00 to cover the employer’s costs in setting up the wage garnishment to comply with the support order.

Currently, an employer may deduct from the income of the obligor 2% of the amount paid under the order for reimbursement of the expense in complying with the order. This fee is assessed against the individual whose wages are being garnished – it does not reduce the amount of the support order.

According to this section, an employer may charge this fee for every garnishment – every time the employee is paid and the wages are garnished for support. Over the course of even a year of child support garnishment – let alone many years of child support garnishment -- this fee is in excess of what it actually costs an employer to set up the wage garnishment. Many other states put limits on the maximum employer fee deduction. Setting forth a one-time fee of $50.00 per employer would cover the employer’s costs in setting up the wage garnishment, without continuing to impact the obligor over the course of the support order.

Cosponsors of Senate Bill 843 of the 2013-14 legislation session included: Senators RAFFERTY, GREENLEAF, WHITE, FERLO, FONTANA, SCHWANK, COSTA, TARTAGLIONE, HUGHES, SOLOBAY and BOSCOLA.



Introduced as SB936