Involuntary and Voluntary Pay Deductions: West Virginia
Federal law and guidance on this subject should be reviewed together with this section.
Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC
- An employer must begin withholding for child support no later than in the first pay period, or o the date of the first wage payment, occurring 14 days after the employer receives the income withholding order. Withheld amounts must be remitted on the employee's payday. The law limits the amount of withholding to certain percentages of disposable earnings. Certain employers are required to remit withheld support electronically. See Child Support Withholding.
- West Virginia law limits the amount of disposable earnings that are subject to creditor garnishment in any workweek. Employers may deduct an administrative fee for each payment. See Creditor Garnishment Withholding.
- Employers must withhold from employees' wages in accordance with a state tax levy. Withholding continues until notified by the state tax commissioner that the levy is released. A certain amount of weekly wages is exempt from levy. See Tax Levies.
- Assignments of wages voluntarily made by employees are invalid in West Virginia unless certain conditions are met. See Voluntary Wage Assignments.