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  1. #1
    cstenson2003 is offline Junior Member
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    Collecting support from 1099 employee in Ohio??

    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.
  2. #2
    mistoffolees is offline Senior Member
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    Quote Originally Posted by cstenson2003 View Post
    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.
    If the caseworker won't do it, ask to speak to a supervisor or ask for a new caseworker. The caseworker is required to take appropriate legal actions to collect CS and if s/he is unwilling to do so, ask for him/her to be removed from your case.

    Alternatively, you could go to court to get an order for the company to withhold money from his 1099 payments (not 'wages', btw), but that will incur some time and expense on your part.
  3. #3
    OHRoadwarrior is offline Senior Member
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    If he has any type of license, electrician, insurance, CDL etc, to do his work, it can be suspended.
  4. #4
    LdiJ is online now Senior Member
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    Quote Originally Posted by cstenson2003 View Post
    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.
    You stated that he works for family...be prepared for them to claim that he doesn't work for them anymore once they get the order to garnish his contractor pay.
  5. #5
    cbg
    cbg is offline Senior Member
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    Hot button item here:

    There is no such thing as a 1099 employee. If you are an employee, you get a W-2. If you're getting a 1099, you are not an employee, you are a contractor. There is a difference.

    The most important difference is that employment law does not apply to contractors. This includes wage and salary issues.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    nextwife is offline Senior Member
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    Is he a contractor whose clients include his relative's business? What type of work does he do?
  7. #7
    TheGeekess is offline Senior Member
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    Quote Originally Posted by cbg View Post
    Hot button item here:

    There is no such thing as a 1099 employee. If you are an employee, you get a W-2. If you're getting a 1099, you are not an employee, you are a contractor. There is a difference.

    The most important difference is that employment law does not apply to contractors. This includes wage and salary issues.
    But there are many states that will allow a 1099 to be garnished for CS.
  8. #8
    cbg
    cbg is offline Senior Member
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    Not saying otherwise. Just pointing out that if the poster was looking for answers in wage and employment law, they are looking in the wrong place.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  9. #9
    cstenson2003 is offline Junior Member
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    Basically what this boils down to is this: He works for his family's concrete finishing business and has for years. They do not withhold taxes and choose to pay their workers via hand written checks every week and issue a 1099 at the end of the year. The CSEA has sent multiple wage withholding orders to the company but has warned me that they are under no legal obligation to withhold because he is an "independent contractor" due to the 1099 each year. That is when I did some digging and found this form and Ohio's laws on this particular subject and asked my caseworker about it. She says she doesn't know what this form is and will ask around, but every time I ask if she's found more information about it she says she'll send a new wage withholding order to them and never really answers my question nor does she use the form. I'm trying to find out if:

    1: is this still a valid form in Ohio? There has been some question of the validity of this form from the child support caseworker, but I can find nothing that invalidates this form in the way of retractions, discontinuations, etc.

    2: if this is a valid form, is it enforceable against the payor of income to my ex?

    3: if this is a valid form and enforceable, is the caseworker required to use this form to attempt to collect the child support? When I try to discuss this with my caseworker I get the sense that she doesn't want to use it because she's never used it before and is reluctant to learn a new way of doing this. I can hardly believe the state would go to the trouble of developing new laws/rules/forms only to have them ignored by those tasked with using them.

    I just really believe that if this is a valid form and enforceable then it is a way to collect from many non-payors by forcing their payors to withhold and should be utilized to the fullest extent possible.

    Again, I really appreciate anything anyone can add to this conversation! I hope everyone has a fantastic weekend!

    BTW - a copy of this form can be found at [url]http://www.odjfs.state.oh.us/forms/inter.asp[/url] choose "form number" and plug into the search field "04056"
    Last edited by cstenson2003; 09-17-2011 at 10:23 AM.
  10. #10
    mistoffolees is offline Senior Member
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    Quote Originally Posted by cstenson2003 View Post
    Basically what this boils down to is this: He works for his family's concrete finishing business and has for years. They do not withhold taxes and choose to pay their workers via hand written checks every week and issue a 1099 at the end of the year. The CSEA has sent multiple wage withholding orders to the company but has warned me that they are under no legal obligation to withhold because he is an "independent contractor" due to the 1099 each year. That is when I did some digging and found this form and Ohio's laws on this particular subject and asked my caseworker about it. She says she doesn't know what this form is and will ask around, but every time I ask if she's found more information about it she says she'll send a new wage withholding order to them and never really answers my question nor does she use the form. I'm trying to find out if:

    1: is this still a valid form in Ohio? There has been some question of the validity of this form from the child support caseworker, but I can find nothing that invalidates this form in the way of retractions, discontinuations, etc.

    2: if this is a valid form, is it enforceable against the payor of income to my ex?

    3: if this is a valid form and enforceable, is the caseworker required to use this form to attempt to collect the child support? When I try to discuss this with my caseworker I get the sense that she doesn't want to use it because she's never used it before and is reluctant to learn a new way of doing this. I can hardly believe the state would go to the trouble of developing new laws/rules/forms only to have them ignored by those tasked with using them.

    I just really believe that if this is a valid form and enforceable then it is a way to collect from many non-payors by forcing their payors to withhold and should be utilized to the fullest extent possible.

    Again, I really appreciate anything anyone can add to this conversation! I hope everyone has a fantastic weekend!

    BTW - a copy of this form can be found at [url=http://www.odjfs.state.oh.us/forms/inter.asp]JFS Forms Central - Search for Forms[/url] choose "form number" and plug into the search field "04056"
    See post #2.
  11. #11
    OHRoadwarrior is offline Senior Member
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    The relevant statutes are in ORC 3121. That form can be sent to his family/employer. It can be enforced against their business, by contempt of court, which is outlined later in the section.CS can institute everything, also based on that section.
  12. #12
    cstenson2003 is offline Junior Member
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    Thank you SO much, everyone that contributed, I'm going to call the CSEA on Monday and ask my caseworker, once again, if she will utilize this tool and if she again refuses I will go straight to her supervisor. Thank you all!!
  13. #13
    cstenson2003 is offline Junior Member
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    Update

    I just wanted to update everyone....I finally got some cooperation on this from CSEA. I ended up having to give to them a copy of the blank form, a copy of the ORC involved and a copy of the IRS's definition of an independent contractor - they finally agreed that it is a valid form and have sent it to the payor of his income. However......

    When asked how long I need to wait for the payor of his income not to comply before I can get them into court I was told "well that doesn't happen very often, so I'm not sure we can do that". So, that begs the question......

    If this form basically enables the CSEA to hold the payor of his income responsible for withholding payments & if they do not comply, then it makes it possible to enforce action against them then why is she "not sure we can do that"? I'm hoping this just means SHE has no/little experience bringing an employer/payor of income to court?? Does anyone have any thoughts on that??

    Thanks again for the support & insight!!
  14. #14
    mistoffolees is offline Senior Member
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    Quote Originally Posted by cstenson2003 View Post
    I just wanted to update everyone....I finally got some cooperation on this from CSEA. I ended up having to give to them a copy of the blank form, a copy of the ORC involved and a copy of the IRS's definition of an independent contractor - they finally agreed that it is a valid form and have sent it to the payor of his income. However......

    When asked how long I need to wait for the payor of his income not to comply before I can get them into court I was told "well that doesn't happen very often, so I'm not sure we can do that". So, that begs the question......

    If this form basically enables the CSEA to hold the payor of his income responsible for withholding payments & if they do not comply, then it makes it possible to enforce action against them then why is she "not sure we can do that"? I'm hoping this just means SHE has no/little experience bringing an employer/payor of income to court?? Does anyone have any thoughts on that??

    Thanks again for the support & insight!!
    Once again, you were sitting in front of someone from CSEA. The time to ask your questions was then. If she said "I don't know", the correct response would have been, "OK. Who does know and can we talk with them now?"

    Clearly, you're dealing with an inexperienced caseworker. The fact that she doesn't know how to do something doesn't mean it can't be done. They should ultimately be able to collect (see the information provided earlier).
  15. #15
    cstenson2003 is offline Junior Member
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    I have not been sitting in front of anyone at CSEA, I did this via fax & telephone. The caseworker I have does not seem to have the answers to these questions (clearly) and quickly ushers me off the phone when I start asking the tough questions. The supervisor is impossible to get on the phone and I have gone to the state level several times, only to be sent to a voicemail system which no one seems to check.

    I have not had much success finding the consequences to an employer/payor of income who fails to withhold payments and that is kinda what I'm looking for. If someone is able to kindly point me to the ORC for this, I would greatly appreciate it and will discontinue asking these questions on this board.

    I apologize for offending you with my dumb questions, I thought that this forum was a place one could ask these questions without being made to feel like an idiot.

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