What is the name of your state (only U.S. law)? Ohio
Background: My ex-husband owes me (as of today) $20,148.84; the order is for $368.91/mo for 2 kids, plus poundage and $30/mo arrears. He only pays when he gets picked up on warrants for not appearing at contempt hearings ($1300 so far in the last 18 months). I've been fortunate that my case is heard in a county in which the sheriff takes child support issues seriously and will go arrest my ex when the warrants are issued.
In my efforts to collect this I use the online Child Support Enforcement Manual as well as services from the county CSEA. I ran across a form (JFS04056, Additional Income Withholding Instructions for Payors of Income to an Independent Contractor) in Ohio that allows income withholding from 1099/self-contractors that is to be used in conjunction with form JFS04047, Notice to Withhold/Deduct Income for Support. This form was authorized for use in Ohio in February, 2008. However, my caseworker has never heard of this form and is reluctant to attempt to use it. My ex-husband works for family and is paid via 1099 wages as a self-contractor. His "employer" was told, at the last hearing, that he is responsible for holding support from my ex's paycheck and sending it in or the employer can be held in contempt. This has not happened. I was just wondering if anyone here has any experience utilizing this form to collect child support, what has been your experience with it, do you have any advice to offer to get my caseworker to use this form? Has anyone had any luck with contempt charges against an employer?
I appreciate any information anyone can offer. Thank you.