failure to withhold child support

[KRY]

What is the name of your state (only U.S. law)? California

Hi

I have a question re; California court ordered child support.

The first income withhold order(IWO) was sent to my ex-husbands employer on 5-28-2011 several phone calls(at least 3) has been made by my case manager at the (San Diego) child support office to his job(they are aware and have acknowledged receiving it) but up until now, they still haven't complied with the IWO.

I read the 'Employer Handbook California Child Support - A Guide to Business' below is page 14 and link;



Employers who fail to withhold the amounts as specified on the Income Withholding Order may be found liable for the full amount of the support owed, plus a fine. Under certain circumstances, a willful failure to withhold is punishable by contempt of court. In addition, the court may order payment by electronic funds transfer from the employer’s bank account if the employer has willfully failed to withhold the required support.



http://www.childsup.ca.gov/Portals/0/employer/docs/EmployerHndbk.pdf



I have talked to my case manager in person and asked what they do if an IWO is not complied with. She told me there really isn't anything they can do...? I don't know if this happens a lot and they don't have the resources to do more or do what it says in above 'handbook'...? She did make several phone calls, but that has brought no result.

so... what can I do? Can I file a civil claim against his employer? or is the county(child support office) supposed to do that?

Need I mention that my ex-husband is not paying on his own either...

Thanks for your time

K.YWhat is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

Hi

I have a question re; California court ordered child support.

The first income withhold order(IWO) was sent to my ex-husbands employer on 5-28-2011 several phone calls(at least 3) has been made by my case manager at the (San Diego) child support office to his job(they are aware and have acknowledged receiving it) but up until now, they still haven't complied with the IWO.

I read the 'Employer Handbook California Child Support - A Guide to Business' below is page 14 and link;



Employers who fail to withhold the amounts as specified on the Income Withholding Order may be found liable for the full amount of the support owed, plus a fine. Under certain circumstances, a willful failure to withhold is punishable by contempt of court. In addition, the court may order payment by electronic funds transfer from the employer’s bank account if the employer has willfully failed to withhold the required support.



http://www.childsup.ca.gov/Portals/0/employer/docs/EmployerHndbk.pdf



I have talked to my case manager in person and asked what they do if an IWO is not complied with. She told me there really isn't anything they can do...? I don't know if this happens a lot and they don't have the resources to do more or do what it says in above 'handbook'...? She did make several phone calls, but that has brought no result.

so... what can I do? Can I file a civil claim against his employer? or is the county(child support office) supposed to do that?

Need I mention that my ex-husband is not paying on his own either...

Thanks for your time

K.YWhat is the name of your state (only U.S. law)?

First step would be to ask to speak to a supervisor at the child support office.

 

[KRY]

First step would be to ask to speak to a supervisor at the child support office.

thanks mistoffolees

This is what I was told by a supervisor;

'Your ex-husband will need to make monthly payments on his own if he is aware that his employer doesn't intend to honor the withholding order'

* he is fully aware, told me his boss "didn't want to deal with it"

 

[CSO286]

thanks mistoffolees

This is what I was told by a supervisor;

'Your ex-husband will need to make monthly payments on his own if he is aware that his employer doesn't intend to honor the withholding order'

* he is fully aware, told me his boss "didn't want to deal with it"

Then you need to push for employer contempt--or talk to a lawyer and do it outside csed.

 

[CourtClerk]

Then you need to push for employer contempt--or talk to a lawyer and do it outside csed.

Can't (necessarily). CSSD is the plaintiff on the case. Any move for contempt has to come from them.

This is yet another issue of too many problems, not enough resources. Contact the San Diego County Ombudsman for CSSD. They'll light a fire under their behinds. I'm at home, so I don't have a number for you. You'll have to do the research.

 

[Proserpina]

Can't (necessarily). CSSD is the plaintiff on the case. Any move for contempt has to come from them.

This is yet another issue of too many problems, not enough resources. Contact the San Diego County Ombudsman for CSSD. They'll light a fire under their behinds. I'm at home, so I don't have a number for you. You'll have to do the research.

I had a couple of minutes between slicing onions and sausages


Here you go, OP

http://www.sdcounty.ca.gov/hhsa/programs/cs/child_welfare_services/ombudsman.html

I think that should be the right info.

 

[CSO286]

Can't (necessarily). CSSD is the plaintiff on the case. Any move for contempt has to come from them.

This is yet another issue of too many problems, not enough resources. Contact the San Diego County Ombudsman for CSSD. They'll light a fire under their behinds. I'm at home, so I don't have a number for you. You'll have to do the research.

CC- I'm not understanding something. Yes,cssd is enforcing the order order, but wouldn't OP be the plaintiff? And possibly the county if any public assistance is involved?

OP should still be able take action either pro se or with an attorney, unless theres some CA quirk I'm just missing. Please explain for me......

 

[CourtClerk]

CC- I'm not understanding something. Yes,cssd is enforcing the order order, but wouldn't OP be the plaintiff? And possibly the county if any public assistance is involved?

OP should still be able take action either pro se or with an attorney, unless theres some CA quirk I'm just missing. Please explain for me......

When CSSD files a case, they're ALWAYS the plaintiff. The other parent is joindered to the case as just that...

the other parent.

If they joinder themselves to an existing case, that's another story.

 

[CSO286]

When CSSD files a case, they're ALWAYS the plaintiff. The other parent is joindered to the case as just that...

the other parent.

If they joinder themselves to an existing case, that's another story.

Thanks....I just learned something new.

 

[KRY]

...No public assistance involved... my ex owes me. but let me see if I understand... I'm not the plaintiff because the withhold order is separate from the original child support order...? And thanks for the number I did think about calling the ombudsman, to complain about the child support office...but that wouldn't solve the problem with the employers failure to comply...

 

[Alex1176]

When CSSD files a case, they're ALWAYS the plaintiff. The other parent is joindered to the case as just that...

the other parent.

If they joinder themselves to an existing case, that's another story.

Just took a look on my court order: County of *** (plaintiff) against Alexander **** (respondent). Other party: My wife.
In California. And the CSSD filed.

 

[CourtClerk]

Just took a look on my court order: County of *** (plaintiff) against Alexander **** (respondent). Other party: My wife.
In California. And the CSSD filed.

There are legitimate reasons why it's done this way

 

[KRY]

the ombudsman for SD county, in case anybody else needs it; 619 236 4422

I called and left my info...we'll see what happenes...