Income Withholding for Support (IWO)

Forms and Documents

Document Name	Status
Form 1 Income withholding orders/termination of employment/income status (Employers and other income withholders) Form	Modified
2020_08_24_30_Day_Notice_IWO_Comments.xlsx Supplementary Document	2020-09-22
Attachment 2 0970-0154 IWO Comments.xlsx Supplementary Document	2020-06-10
Attachment 1 - Rev 2020_05_13_eIWO_Record_Layout_Detail.docx Supplementary Document	2020-06-10
IWO Supporting Statements 06_9_20_clean v2.docx Supporting Statement A	2020-06-09

IC Document Collections

IC ID	Document Title	Status
227082	Programming for electronic withholding order/notice Other-record layout	Removed
227081	Electronic income withholding orders/termionation of employment/income status (Employers and other income withholders) Other-record layout	Modified
227080	Income withholding orders/termination of employment/income status (Employers and other income withholders) Form	Modified
227079	Income withholding order/notice (Courts, private attorneys, custodial parties or their representatives) Instruction	Modified

ICR Details

OMB Control No: 0970-0154	ICR Reference No: 202006-0970-003
Status: Active	Previous ICR Reference No: 201706-0970-001
Agency/Subagency: HHS/ACF	Agency Tracking No: OCSE
Title: Income Withholding for Support (IWO)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 09/23/2020
	Date Received in OIRA: 06/15/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	09/30/2020
Responses	17,318,871	0	16,710,283
Time Burden (Hours)	722,410	0	696,095
Cost Burden (Dollars)	0	0	0

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Abstract: The Family Support Act of 1988 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 established the framework for mandatory income withholding, via a standard format, for child support orders issued or modified through state IV-D agencies. With limited exceptions, that law also mandates immediate wage withholding for all orders entered or modified on or after January 1, 1994 and requires states to adopt an expanded definition of income available for child support payments in addition to wages to include salaries, commissions, bonuses, workers’ compensation, disability, payments pursuant to a pension or retirement program and interest. The Social Security Act requires the Secretary of Health and Human Services to promulgate the standard income withholding form to be sent to employers by all parties to garnish income for child support payments.

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Authorizing Statute(s): US Code: 42 USC 666(a)(1), (a)(8) and 666(b)(6 Name of Law: Social Security Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 69382	12/18/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 36215	06/15/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Income withholding orders/termination of employment/income status (Employers and other income withholders)	1	IWO Form
Income withholding order/notice (Courts, private attorneys, custodial parties or their representatives)	1	IWO Form
Electronic income withholding orders/termionation of employment/income status (Employers and other income withholders)
Programming for electronic withholding order/notice

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	17,318,871	16,710,283	0	608,588	0	0
Annual Time Burden (Hours)	722,410	696,095	0	26,315	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Adjustments were made to the respondent burden hour from the previous approval request to reflect the increase in respondents using the IWO form and an increase in the number of responses sent by respondents. Additionally, there is an increased number of respondents now using e-IWO since the previous approval request. Currently used by 52 states and territories and 17,985 employers and income withholders comprising over 19,000 Federal Employer Identification Numbers, the e-IWO initiative decreases costs and increases child support collections. The table entry in section 12 for “programming for electronic withholding order/notice (child support agencies)” shown in prior Supporting Statements is removed because states are required to make the changes to the form for use in paper format in their automated systems. To generate e-IWOs, they pull the data from the system which would have already been updated with the changes.

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Annual Cost to Federal Government: $2,073,375

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/15/2020

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