The employer ignoring income withholding?

[Papaya]

What is the name of your state? Texas

The income withholding letter was sent to the same employer in November 06 and March 07 because the system picked up Non-Custodial Parent's name and social security number matched. Both times the Office of Attorney General was not able to verify that Non-Custodial Parent was indeed employed there. Not sure if the employer verified that NP wasn't employed there or just ignored the order.

Now, it is September 07 and I got a confirmation that NP still works at the same employer. One of my friends saw NP working at the same establishment that the OAG sent the order twice.
I immideately notified the OAG to send out another income withholding notice. The OAG said "it is up to the employer to answer to the income withholding order."

What happened here? Can the employee ignore the order?

 

[seniorjudge]

File for back child support.

 

[tuffbrk]

Woah there Senior....I must have missed the whole story!! File for back CS? Does that mean the employer can ignore the original order? Or are you suggesting that it will highlight the existing problem? Sorry but I got lost on this one!

 

[Papaya]

I have...

Here is the whole story...

I have a child support arrearage only case with the Texas OAG due to step-parent adoption. The ex owes about $35k and hasn't paid since Oct/06 when he quit Restaurant A.

In Nov 06, the OAG picked up NP's name and social security number so they sent out a letter to the employer, Restaurant B. They got no verification.

In March 07, the OAG picked up NP's name and social security number from the same employer, Restaurant B. They sent out another withholding order and didn't get any verifications.

In May 07, the OAG took NP to court to "comfirm arrearages." He showed up to say he was fired the day before from Restaurnat B and did not want to disclose his new home address because he feared that I'd harrass him. The OAG told him to call back to update and let him go. Of course he never called back to update his address nor new employers info. At court, he was ordered to pay $1000 lum sum payment by May 31st and to start paying $340/month thereafter. He, of course, hasn't paid anything.

In Sept 07, after 90 days of non-payment (since our court day in May 07), currently the OAG is trying to serve NP for another court date to suspend his driver's license. They're verifying NP's current address in order to send a constable to serve him wtih the paper.

Today (Sept 25 07), I got an email from one of my friends who saw NP working at REstaurant B. I notified the OAG immideately and they will send out another order today.

How come we didn't get verification from Restaurant B in Nov 06 and March 07? Are they ignoring the OAG?
Have any of you guys had similar experiences?

 

[TinkerBelleLuvr]

As the accountant for an employer, we, as the employer, are liable for: the accumulated amount you should have withheld from the employee's/obligor's income, plus costs, interest, and reasonable attorney's fees.

This is a direct quote from a Texas child support withholding:
Liability: If you have any doubts about the validity of the O rder/Notice, contact the agency or person listed below. If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the mployee’s/obligor's income and any other penalties set by State law.

Be a squeaky wheel with the OAG. Feel free to call the employer also and tell them that you are reporting them to the Attorney General too!

 

[TinkerBelleLuvr]

Other possibility - didn't make enough money that they could garnish the check ...

 

[LdiJ]

Other possibility - didn't make enough money that they could garnish the check ...

That is VERY possible if he is a server.

 

[Zephyr]

That is VERY possible if he is a server.

on paper at least....but then, I would think, he would have to justify to the court why he chooses to remain in a position making equal to or less than minimum wage....hopefully he'll be stupid enough to claim he makes less than minimum

 

[TinkerBelleLuvr]

The combination of wages & tips must be at LEAST minimum wage. But, the only part of the check is the wages, with a subtraction for taxes that cover both wages & tips. Depending on how much a server makes versus the amount of tips collected, a server could actually have a very small check. Remember they are pocketing the tips as they go, if not zero. It is possible that they do not have enough left of their check to withhold all their social security & medicare taxes. They then pay those when they file their taxes.

Is daddy dearest a server?

 

[Zephyr]

The combination of wages & tips must be at LEAST minimum wage. But, the only part of the check is the wages, with a subtraction for taxes that cover both wages & tips. Depending on how much a server makes versus the amount of tips collected, a server could actually have a very small check. Remember they are pocketing the tips as they go, if not zero. It is possible that they do not have enough left of their check to withhold all their social security & medicare taxes. They then pay those when they file their taxes.

Is daddy dearest a server?

what I was saying is- if he is a server and goes into court with his stupid $40 check stub claiming he's got no money when he could have less skills and work at McD's for 4x that**************

 

[TinkerBelleLuvr]

That person has to declare their tips. The tips show up on their check. It must equal minimum wage. They'll show up in court showing BOTH amounts.

 

[nextwife]

IT is ALSO possible he HAD quit, worked elsewhere, then eventually returned to work there again.

 

[Papaya]

As the accountant for an employer, we, as the employer, are liable for: the accumulated amount you should have withheld from the employee's/obligor's income, plus costs, interest, and reasonable attorney's fees.

This is a direct quote from a Texas child support withholding:
Liability: If you have any doubts about the validity of the O rder/Notice, contact the agency or person listed below. If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the mployee’s/obligor's income and any other penalties set by State law.

Be a squeaky wheel with the OAG. Feel free to call the employer also and tell them that you are reporting them to the Attorney General too!

Is it okay for me to contact the employer? I didn't know I could do that

Even though he isn't making enough money to be garnished, is it still the employer's responsibility to notify the OAG that he's employed at their establishment?

I doens't matter if he doens't make enough money to be garnished though.. At court in May 07, the OAG told him if his garnishment is shorter than $340/month, he needed to send in payments to make up $340 total. For example, if his garnishment was $100/month, then he needs to send in $240. He knows that's what he's supposed to be doing.. In a way, I can't wait to go to court again because, at this time, he will face the judge and I don't think the judge is going to be very nice to him.

 

[TinkerBelleLuvr]

They can't tell you if HE is employed there, but you can let them know that there is a child enforcement order outstanding for yahdiyadiya ...

I know from the accounting side, I have always sent either the full amount, or if short, and explanation to the shortage. As an employer, I was NOT going to get us in trouble.

 

[Papaya]

My next steps would be

So I think I should ask the OAG if Restaurant B has ever contacted the OAG to confirm his employement in Nov 06 and March 07.

If Restaurant B reported back to the OAG to say he was indeed employed, I'd ask why any income was withholded. And also if they have ever explained to why there was no withholdings taken away from his check (ie. not making any money after tax/medicare etc).

If Restaurant B did not contact the OAG, I'd ask if Restaurant B was indeed ignoring the order. -> I'd call Restaurant B's payroll office to ask if they know he owes 30k for back child support and they were supposed to garnish his income. I'd also send them the income withholding order.

If Restaurant B did report that he was not employed.... what would be my next step to verify that information?

You'd think the OAG would verify it for you but as I said earlier they have NO idea and will not pick up the phone to call employers. Just send them letters and wait...

GinnyJ, you're full of important information! Thank you!!