Okay CC, what is the penalty in California if an employer fails to forward the deduction?
I know what it is here in Florida.
Is there recourse for the OP since the employer was deducting the money, but not forwarding it?[/QUOTE]
There are civil penalties. I'll post the statute so the OP can see and utilize it for himself
5241. (a) An employer who willfully fails to withhold and forward
support pursuant to a currently valid assignment order entered and
served upon the employer pursuant to this chapter is liable to the
obligee for the amount of support not withheld, forwarded, or
otherwise paid to the obligee, including any interest thereon.
(b) If an employer withholds support as required by the assignment
order, the obligor shall not be held in contempt or subject to
criminal prosecution for nonpayment of the support that was withheld
by the employer but not received by the obligee. In addition, the
employer is liable to the obligee for any interest incurred as a
result of the employer's failure to timely forward the withheld
support pursuant to an assignment earnings order.
(c) In addition to any other penalty or liability provided by law,
willful failure by an employer to comply with an assignment order is
punishable as a contempt pursuant to Section 1218 of the Code of
Civil Procedure.
(d) If an employer withholds support, as required by the
assignment order, but fails to forward the support to the obligee,
the local child support agency shall take appropriate action to
collect the withheld sums from the employer. The child support
obligee or the local child support agency upon application may obtain
an order requiring payment of support by electronic transfer from
the employer's bank account if the employer has willfully failed to
comply with the assignment order or if the employer has failed to
comply with the assignment order on three separate occasions within a
12-month period. Where a court finds that an employer has willfully
failed to comply with the assignment order or has otherwise failed
to comply with the assignment order on three separate occasions
within a 12-month period, the court may impose a civil penalty, in
addition to any other penalty required by law, of up to 50 percent of
the support amount that has not been received by the obligee.
(e) To facilitate employer awareness, the local child support
agency shall make reasonable efforts to notify any employer subject
to an assignment order pursuant to this chapter of the electronic
fund transfer provision and enhanced penalties provided by this act.
(f) Notwithstanding any other provision of law, any penalty
payable pursuant to this subdivision shall be payable directly to the
obligee. The local child support agency shall not be required to
establish or collect this penalty on behalf of the obligee. The
penalty shall not be included when determining the income of the
obligee for the purpose of determining the eligibility of the obligee
for benefits payable pursuant to state supplemental income programs.
A court may issue the order requiring payment of support by
electronic transfer from the employer's bank account and impose the
penalty described in this subdivision, after notice and hearing.
This provision shall not be construed to expand or limit the duties
and obligations of the Labor Commissioner, as set forth in Section
200 and following of the Labor Code.
1218. (a) Upon the answer and evidence taken, the court or judge
shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), payable to the court, or he or she may be
imprisoned not exceeding five days, or both. In addition, a person
who is subject to a court order as a party to the action, or any
agent of this person, who is adjudged guilty of contempt for
violating that court order may be ordered to pay to the party
initiating the contempt proceeding the reasonable attorney's fees and
costs incurred by this party in connection with the contempt
proceeding.
