What should be done if an employee maxes out tax withholding to avoid paying child support?
Author: Ryan F. Donovan
Nothing. W-4s should be honored as written when submitted to the employer. If indeed the employee is using his or her W-4 to avoid paying child support, the IRS will garnish any tax refund otherwise due to the employee if there are existing arrears. The employer should not get involved in any way. An employer should not be notifying the IRS or any other tax agency of such a practice nor should the employer be offering any advice to an employee on filling out a W-4 for that or any other reason. The employee alone is responsible for what it is on the W-4. If the tax agency takes issue with how an employee is handling his or her withholdings and the agency wants the employer to do something about it, the agency will inform the employer directly.