Employer did not enforce child support order - need advice?

[SallyMae1411]

What is the name of your state?MS - I had the chancery court send the current child support order to my ex's employer. They sent it certified and his employer received it on 9-19-05. I tried to confirm that they received it and the lady would not help me. This order does not get paid through the courts but directly to me. Now, its 11-10 and I still have yet to receive any payments. I called today and was told they didn't receive it. I had to pay to get another order sent. Chancery court shows it was received...can his employer be responsible for payments missed? It is my understanding that they should be obligated to pay me since they were at fault. What should I do - I do want this violation enforced.

 

[Content]

No his employer does not have to pay you your ex is supposed to pay you. If his employer is not deducting the money as ordered, then he is still responsible for the money. You are going to have to file to force the employer to follow the deduction, but the money will still ultimately come from your ex.

 

[betterthanher]

Also keep in mind, there might be reasons the employer has not started the deduction. Also, his employer is not bound to give you any information whatsoever. It's called privacy.

Regardless of whether the employer garnishes the support or not, the obligor is still required to make the payments until garnishment begins.

 

[SingleMom67]

What is the name of your state?MS - I had the chancery court send the current child support order to my ex's employer. They sent it certified and his employer received it on 9-19-05. I tried to confirm that they received it and the lady would not help me. This order does not get paid through the courts but directly to me. Now, its 11-10 and I still have yet to receive any payments. I called today and was told they didn't receive it. I had to pay to get another order sent. Chancery court shows it was received...can his employer be responsible for payments missed? It is my understanding that they should be obligated to pay me since they were at fault. What should I do - I do want this violation enforced.

So you're saying the green card that comes off of the original certified mailing was signed for by the company on 9/19/05? Do you have that card or does the chancery court have it? You will need to get it or at least a copy of it in order to pursue anything against the company. Once you have the proof that the company did in fact receive the order back in September and failed to follow the CO, you'll need to follow up with the Department of Labor in MS.

As far as the company paying you for your ex's obligation, that's not gonna happen. However, if they are found to be in violation of not following the CO, the DOL will impose a hefty fine. They also run the risk of violating Federal laws. There's no company out there (large or small), that's going to want to risk that, so get your proof, then start making your phone calls.

 

[SallyMae1411]

SingleMom67 please read and reply again if possible

The Chancery Court Clerk's office has the original copy of the green card. I do have a copy and it is signed by the employer on Sept 19th. I talked with them again today and they are complete idiots. My ex has 2 child support garnishment orders. One - mine where pymt comes directly to me. The other is for another woman for her child that is paid through Human Services. The amounts are exactly the same. These idiots replaced mine with hers not noticing they were 2 completely separate orders. They even threw the order I had sent to them away. I called several times to make sure this confusion didn't happen and they still acted as if they had no sense at all. Who confuses one order with another?

The court order was sent from MS to AL. His employer is in AL - would I call Dept of Labor in AL or MS. My attorney said that his employer will be at fault. They have to honor the order. I did what I was supposed to its not my fault they are IDIOTS. I plan on pressing this issue because they deserve to be fined because of sheer stupidity.

 

[bononos]

I plan on pressing this issue because they deserve to be fined because of sheer stupidity.

Can you be fined for stupidity?
We'd all be broke paying fines if that were the case!

 

[SingleMom67]

The Chancery Court Clerk's office has the original copy of the green card. I do have a copy and it is signed by the employer on Sept 19th. I talked with them again today and they are complete idiots. My ex has 2 child support garnishment orders. One - mine where pymt comes directly to me. The other is for another woman for her child that is paid through Human Services. The amounts are exactly the same. These idiots replaced mine with hers not noticing they were 2 completely separate orders. They even threw the order I had sent to them away. I called several times to make sure this confusion didn't happen and they still acted as if they had no sense at all. Who confuses one order with another?

The court order was sent from MS to AL. His employer is in AL - would I call Dept of Labor in AL or MS. My attorney said that his employer will be at fault. They have to honor the order. I did what I was supposed to its not my fault they are IDIOTS. I plan on pressing this issue because they deserve to be fined because of sheer stupidity.

I'd call both!!!!!

With regard to Bononos reply of "can you be fined for stupidity." Obviously no, but the burden of proof is on the company in this case. Ignorance of the law is not grounds for getting out of a fine!! Legally, they're still on the hook whether or not the processed the order correctly or incorrectly. The liability exposure is still on them.

 

[nextwife]

Does he work on commission? If so, maybe he has not yet had a commission check since the order was recieved? When I worked on commission I did not get a paycheck EOW, I got it when transactions closed, whenever that was.