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How do you pro-rate multiple child support orders. When the Consumer Credit Protection Act (CCPA) percentage limitations do not permit full satisfaction of multiple income withholding orders.
Answer in detail:
1. Add together all of the non-custodial parent's current support amounts and, separately, arrearage amounts.
EXAMPLE:
Sue Doe v. Tom Doe, $75 current plus $25 on the arrearage.
Mae Jones v. Tom Doe, $65 current plus $15 on the arrearage.
Jane Smith v. Tom Doe, $90 current plus $20 on the arrearage.
Total $230 current; $60 arrearage.
2. Determine the percentage each order amount is of the total dollar amount of the combined support orders, separately for current and arrearage.
EXAMPLE: Current Orders
Total current of Mr. Doe's 3 orders = $230.
Sue Doe v Tom doe ($75 divided by $230=.33) 34%.
Mae Jones v Tom Doe ($65 divided by $230=.296) 28%.
Jane Smith v Tom Doe ($90 divided by $230=.363) 39%.
Arrears Orders
Total amnt of 3 orders =$60.
$25 divided by $60.=42%
$15. divided by $60.=25%
$20. divided by $60.=33%
3. If the non-custodial parent's disposable income is $310.00 and the amount that may be deducted for child support is, pursuant to the CCPA limitations, 55%, the amount available to pro-rate is $170.00. (subtract the employer's fee from this amount if the employer chooses to accept the fee)
4. Important: When allocating on a prorata basis, the current obligations must be withheld first.
5. To calculate the correct pro-rated dollar amounts, multiply the amount calculated to be available for proration ($170) by the calculated percentage applicable for each order.
EXAMPLE:
Current Support
Sue Doe v Tom Doe $170 x .33 =$56.10
Mae Jones v Tom Doe $170 x .28 = $47.60
Jane Smith v Tom Doe $170 x .39 = $66.30
Arrears
Since the amount subject to proration was not enough to satisfy all current obligations, there is nothing available to apply to prorated percentages for arrearage orders.
STATE OF INDIANA - DEPARTMENT OF CHILD SERVICES
