Help! Employer not sending in CS payments.

[countryboy2256]

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

I live in GA and the CS order is out of SC. I have been working with a heating and air company since January. I have just found out that they have not sent in over $1000 in CS payments that I have had taken out of my checks. Also, earlier this week the IRS showed up and they are also not paying payroll taxes as well. Someone told me that I will have to repay all the money that they have taken out of my checks, but I don't have it to pay. We are living from paycheck to paycheck right now because business is slow this time of year.

Thanks

 

[stealth2]

Have you asked your payroll people where the money is?

 

[countryboy2256]

Have you asked your payroll people where the money is?

My employer said they don't have the money. They are having trouble meeting payroll right now.

 

[stealth2]

So it seems they didn't actually withhold it, just decreased your paycheck. But yes, you still owe the money to your ex. Have you spoken w/your ex?

 

[Zigner]

So it seems they didn't actually withhold it, just decreased your paycheck. But yes, you still owe the money to your ex. Have you spoken w/your ex?

I disagree with the first part. The employer received a withholding order from the state and has been withholding per that order. By not remitting, the employer is committing a crime. The OP should report this to whatever agency issued the order. I do agree, however, that the OP is on the hook for those payments while the matter is being sorted out.

 

[stealth2]

I disagree with the first part. The employer received a withholding order from the state and has been withholding per that order. By not remitting, the employer is committing a crime. The OP should report this to whatever agency issued the order. I do agree, however, that the OP is on the hook for those payments while the matter is being sorted out.

Perhaps they are "technically" withholding it, but not practically.

If *I* were OP, I would speak to my ex about the problem ASAP and see what they can work out on repaying what's owed (while it's still so low), before ex files against OP for contempt. Ex may be more amenable if approached directly.

And, uumm, OP? Start looking for a different job PRONTO! Your current employer is on the skids, and you will still be liable for the back CS AND the taxes you owe the Govt.

Good luck!

 

[not2cleverRed]

Perhaps they are "technically" withholding it, but not practically.

If *I* were OP, I would speak to my ex about the problem ASAP and see what they can work out on repaying what's owed (while it's still so low), before ex files against OP for contempt. Ex may be more amenable if approached directly.

And, uumm, OP? Start looking for a different job PRONTO! Your current employer is on the skids, and you will still be liable for the back CS AND the taxes you owe the Govt.

Good luck!

Liable for the back CS, yes.

However, if OP has been filing based on what it says on his W2, and the employer has not been actually sending the "withheld" money in to the IRS, then that's on the employer, not the employee.

 

[CSO286]

Wait, wait, wait, wait, wait.

Questions: Do your paystubs reflect that "child support" was with held and were your paychecks reduced by that amount?

Is your order being enforced by a Child Support Enforcement Agency?

If so, then right now, OP is NOT responsible for those payments. The employer is. The employer did ACTUALLY withhold as ordered and failed to send the payments in to the proper authority. What needs to happen is that the CSEA needs to pursue legal action against the employer; i.e., employer contempt.

Employer timeline according to statute http://www.scstatehouse.gov/code/t63c017.php :

(E) The employer shall promptly pay the amount withheld to the State Disbursement Unit within seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any notification received from the clerk of court concerning withholding. The payor shall provide the date on which the income is withheld.


SECTION 63-17-1550. Payor's wilful failure to withhold.

If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by Section 63-17-1460(I) or who fails to notify the clerk of the availability of health insurance is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion.


The employer is/has willfully failed to pay. OP and his caseworker shouldbe working together to build a case against the employer, and OP needs to make sure his ongoing support is paid. OP is NOT responsible right now for the child support that the employer withheld and failed to send it. (Until/unless the CSEA loses its employer contempt action in court.)

 

[SESmama]

That actually begs a good question. CS cannot be discharged by bankruptcy (unless collected by a private agency) so if the employer files for bankruptcy does the OP still owe the CS?

 

[countryboy2256]

To answer some questions:

My ex is not willing to work with me in this situation. She has actually called SC wanting me locked up, license suspended and my HVAC certification revoked. She only wants the money and is very bitter over our split. SC called my employer yesterday. They told them they will send in some of the money, but they do not have the money to pay the amount they have withheld at this point. I had to send in my check stub copy yesterday to prove that it had been taken out, so as of right now, I am not in any trouble with CSE.

I started yesterday afternoon looking for a new job. I am hoping some of the things I have looked at will work out.

I do not have the extra money to technically "pay double" to make my ex happy. Money is very tight right now, and paying the $105 they are taking out of my check, plus another $105 to keep her happy would not leave me anything to live on, for groceries and other bills.

Also, after talking to some of my coworkers, their child support has not been paid either. A total of 5 of us. No taxes have been sent in either on anyone in the company for this year.

 

[CSO286]

That actually begs a good question. CS cannot be discharged by bankruptcy (unless collected by a private agency) so if the employer files for bankruptcy does the OP still owe the CS?

No, it can't. The unpaid child support can and will actually be prosecuted as a criminal matter. CSEA can and will pursue employer contempt.

To answer some questions:

My ex is not willing to work with me in this situation. She has actually called SC wanting me locked up, license suspended and my HVAC certification revoked. She only wants the money and is very bitter over our split. SC called my employer yesterday. They told them they will send in some of the money, but they do not have the money to pay the amount they have withheld at this point. I had to send in my check stub copy yesterday to prove that it had been taken out, so as of right now, I am not in any trouble with CSE.

I started yesterday afternoon looking for a new job. I am hoping some of the things I have looked at will work out.

I do not have the extra money to technically "pay double" to make my ex happy. Money is very tight right now, and paying the $105 they are taking out of my check, plus another $105 to keep her happy would not leave me anything to live on, for groceries and other bills.

Also, after talking to some of my coworkers, their child support has not been paid either. A total of 5 of us. No taxes have been sent in either on anyone in the company for this year.

In the meantime, ignore your ex. This was very similar to one of the cases I had before I left Child Support Enforcement.

It is my educated opinion that as long as you remain current on you ongoing obligation, you caseworker will not activate any enforcement remedies (DL or occupational license suspension or jail time)that would be directly tied to these payments until the issue of employer wrongdoing is fully sorted out. It is also my educated opinion that should your ex attempt to bring and action before the court pro se (On her own behalf; without an attorney), the court would most likely withhold judgment pending the outcome of the employer action.

If your co-workers are facing the same thing, perhaps you could all get together and get all your respective CSEA workers (in whatever states) in touch, and they may be able to bring one action instead of five**************(This bit I *don't* know much about.)

 

[stealth2]

Thanks, CSO for setting me straight and educating me! Always appreciated!