How long does an employer have?

[ericsbracer]

What is the name of your state? California

My wifes ex works for a major international corporation who's payroll department is in New York and the Garnishment department is in Texas. We're not even sure where the Accounts Payable department is.

She has the child support being payed through a court ordered wage assignment. The problem is her ex gets paid the 15th & the last working day, yet sometimes she doesn't receive her child support checks until the next payroll check is cut! As of today - the 12th, she has yet to receive the support check for the 31st of July.

Are there any legal limitations to how long an employer can take to process support checks? I would imagine that someone who was depending on them to survive would have some real problems.

Thanks,

Eric

 

[cananyonehelp]

She has the child support being payed through a court ordered wage assignment. The problem is her ex gets paid the 15th & the last working day, yet sometimes she doesn't receive her child support checks until the next payroll check is cut! As of today - the 12th, she has yet to receive the support check for the 31st of July.

Eric,

I'm not tring to be rude, but there are alot of people that dont recieve their child support. If you know it is always later, can't you work your finances aroound it? I dont think the courts want to here about slow pay.... when they have to worry about NO pay

 

[ericsbracer]

You're not being rude, but...

it isn't always late, but it is counted on to support the children. I do understand that there are many who aren't getting any support, but that doesn't change the fact that there are many like my wife who aren't getting their support in a timely fashion consistantly - which makes it very difficult to budget.

I'm more concerned with understanding what the laws are, if any, so when my wife contacts her ex's employer (again), she may have something to back up her complaint.

 

[VeronicaGia]

You may be blaming the employer when it may be the child support office that's taking their sweet time distributing the money.

 

[ericsbracer]

As we understand it..

The checks are cut by the Garnishment Department of the employer and mailed directly to us. We've been together a little over three years, and when we first met the ex's employer was pretty consistant. Over the past 6-8 months things have steadily deteriorated. It's varied from the 'usual' 5 days to almost 20 - with no explination and seemingly no real concern.

 

[skale7179]

To the OP. I was and occationally still am having this problem. It is a pain in the neck to "count" on that $$ or worse yet promise the kids something and it not come.....

In answer to your question though this is what I found...
http://www.sonoma-county.org/dcss/employer_faq2.htm

How Does Income Withholding Work?

Answer
Income withholding is the court or administrative agency ordered deduction of child and medical support obligations from a parents income. It takes priority over all other legal processes against income (including commercial garnishments) except for an IRS tax lien served before the income withholding order. Your employee is not required to tell you that she or he owes child support.

It's a good idea to give your employee a copy of the income withholding order/notice.

Begin withholding and send in payments within 10 days of receipt of the order. Generally, you may deduct up to 50%* of the employee's net income. Net income is income after mandatory deductions such as taxes, mandatory union dues, etc. Payments must be forwarded to our office within 7 days from the date they are deducted from the employee's earnings.

Its for Sonoma County, dont know where you are at or if it differs but I hope this helps a little....Good Luck!

 

[ericsbracer]

A great start!

According the FAQ #18 - the employer has 7 working days from the payroll date to mail the check. I think if he gets paid the 31st, we should have the check by now.

Does anyone know if this is just for that county or if it's based on a state-wide code?

 

[nextwife]

Generally, you may deduct up to 50%* of the employee's net income. Net income is income after mandatory deductions such as taxes, mandatory union dues, etc.

With all due respect, skale, They can withold the amount of the CO - which is exactly what is occuring, The employer already IS witholding the CO'd amount and sending it. The only question here is to processing time from payday to reciept by the CP. There is a check each pay period, it is taking longer to recieve than the CP would like..

Poster, I suggest you look at the postmark dates and save the envelopes. It may be that they are being mailed in a timely manner but spending a week in the mail from that particular post office.

 

[skale7179]

try this one too...
http://www.policyalmanac.org/social_welfare/archive/child_support_02.shtml

In addition to being able to charge the noncustodial parent a fee for the administrative costs associated with wage withholding, the employer can combine all support payments required to be withheld for multiple obligors into a single payment and forward it to the child support agency or court with a list of the cases to which the payments apply. The employer need not vary from the normal pay and disbursement cycle to comply with withholding orders; however, support payments must be forwarded to the State or other designated agency within 10 days of the date on which the noncustodial parent is paid.

It says 10 days.....u may have to call someone.....again good luck!