Employer Failure to Comply

[Carrie2]

I had a income deduction order put in about 2 years ago. The child support has been deducted weekly from his paychecks with no problem unitl this December. Now the money is nowhere to be found. The money is still being deducted from his paycheck every week, but it never gets to the state. His employer is giving us a hard time says they will "work on it"! What the heck is going on?! What can I do? I went to the court house and got a case history print out and gave it to his job. It states he is 8 weeks behind in child support dou to them not transferrring the funds. All I get is the run around. Please help?

 

[LadyBlu]

I had a income deduction order put in about 2 years ago. The child support has been deducted weekly from his paychecks with no problem unitl this December. Now the money is nowhere to be found. The money is still being deducted from his paycheck every week, but it never gets to the state. His employer is giving us a hard time says they will "work on it"! What the heck is going on?! What can I do? I went to the court house and got a case history print out and gave it to his job. It states he is 8 weeks behind in child support dou to them not transferrring the funds. All I get is the run around. Please help?

Is the money being deducted from his checks? What state are you in? In most states the employer can be held liable to pay out of their pocket all payments they fail to garnish. Contact the District Attorney or the Child Support Enforcement Division to see about holding the employer in contempt.

My ex did this(does this) every year for a couple of months. This year he stopped getting the deductions taken out mid Dec, but the AG office jumped right on it after I called them and contacted the employer by phone and instructed them to read the laws that are stated on the order. Well I am getting a payment this week...
Their excuse.. this time.. the owner of the business died and they were trying to get the books in order and they would be sending in the payments. Well, so far there is only one, and the problem I have with the story is that regardless of who passed away, the ex is working, getting a paycheck and they are not taking out the garnishment.

Good Luck to you.

 

[hurtscaredmom]

I am a Payroll Specialist where I work and this is very dangerous for the employer, they can be held liable. Of course I am not sure how it works in every state, do check on this immediately. As far as I know an employer must withhold soon as they receive an order from the Child support agency to and can not stop it unless an order is received (from the Child Support agency) to do so, an employer can not stop the deductions if the employee asks them to. If they are in fact still deducting from your ex's check isn't he a bit concerned where the money is going? He will have arrearages and still be out the money. ???????? I will be interested to see what happens with this.