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Employer won't withhold CS

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tmerwin10

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

My husband's ex moved to Florida from MA a couple years ago. She has been ordered to pay child support and has never made a payment. The withholding order was sent to the law firm she has been working for for the past 18 months. They replied that she no longer works there. I called there the other day and dialed her extension, SHE ANSWERED THE PHONE!
MA is telling us they can't enforce the order on an FL employer, I was under the impression that there were federal laws requiring employers to honor child support orders from out of state. I can't seem to get any one to do anything about this. Her arrears are in excess of $6000
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Massachusetts

My husband's ex moved to Florida from MA a couple years ago. She has been ordered to pay child support and has never made a payment. The withholding order was sent to the law firm she has been working for for the past 18 months. They replied that she no longer works there. I called there the other day and dialed her extension, SHE ANSWERED THE PHONE!
MA is telling us they can't enforce the order on an FL employer, I was under the impression that there were federal laws requiring employers to honor child support orders from out of state. I can't seem to get any one to do anything about this. Her arrears are in excess of $6000
Thanks for sharing the details you have about your husband's legal situation.
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? Massachusetts

My husband's ex moved to Florida from MA a couple years ago. She has been ordered to pay child support and has never made a payment. The withholding order was sent to the law firm she has been working for for the past 18 months. They replied that she no longer works there. I called there the other day and dialed her extension, SHE ANSWERED THE PHONE!
MA is telling us they can't enforce the order on an FL employer, I was under the impression that there were federal laws requiring employers to honor child support orders from out of state. I can't seem to get any one to do anything about this. Her arrears are in excess of $6000
You can't get anyone to do anything because you are not a party to your husband's divorce. He needs to take care of it.
 

tmerwin10

Junior Member
Apologies

I guess I should have said "we" can't get anyone to do anything about the situation or "he" can't get anyone to do anything about it. He has signed a power of attorney form for the MA DOR CSE so that they can discuss his case with me since he has a job at which he can not make or receive outside calls or carry a cell phone into the building I have been trying to do most of the leg work and research for him.
 

mistoffolees

Senior Member
I guess I should have said "we" can't get anyone to do anything about the situation or "he" can't get anyone to do anything about it. He has signed a power of attorney form for the MA DOR CSE so that they can discuss his case with me since he has a job at which he can not make or receive outside calls or carry a cell phone into the building I have been trying to do most of the leg work and research for him.
If CSE is involved, let them know what you know.

Note, however, that even if she answered the phone, that doesn't mean she's an employee. She could be working for a temp agency. Or working as a 1099 employee (FL can attach 1099 income, but I'm not sure if MA can do that).
 

tmerwin10

Junior Member
Thank you for the advice. CSE was given the information, the order was re-sent and they called the employer, who has now acknowledged the order and sent in their first payment.
 

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