Order of income withholding, priority
When a court orders a parent who doesn't have custody to pay for their child's health insurance through paycheck deductions, that order takes priority over almost all other legal claims on that parent's paycheck — except for a child support order. The health insurance withholding counts the same as child support when figuring out how much can legally be taken from a paycheck. But if taking out money for both child support and health insurance would take too much from the paycheck under federal limits, the employer stops withholding the health insurance portion and only takes out the child support amount.
454.636. , — current obligation. — 1. An order of income withholding for shall have priority over all other under state law against money, income or of the except an order of income withholding for current child support.
2. the of section 452.350 and section 454.505, or any other of law to the contrary, the amount contained in an order of income withholding for health benefit plan coverage issued sections 454.600 to 454.645, shall be considered a current for purposes of applying the limitations contained in the , 15 U.S.C. 1673(b), and shall with s issued pursuant to section 452.350 and section 454.505. However, when concurrently running processes for the collection of , including an order for health benefit plan coverage, cause the amounts withheld from the to exceed applicable , the employer shall not include the amount contained in the order of income withholding for health benefit plan coverage in determining the , and shall not withhold any amount for health benefit plan coverage from an employee's wages.
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Source & history notes
(L. 1993 S.B. 253 § 15) Effective 5-26-93
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.