Boss keeping child support...

[ninalee]

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

My daughters father has an order to pay $250 a month. He used to be responsible for the payments himself, however after going deeply into arrears the courts fixed it to come out of his check. Problem now is that his employer takes the money out of his checks but fails to send it in to the state.

This has been ongoing for about a year now. Usually after a few months he'll pay up, but the last time he did this his check bounced. Due to this, when my daughters father gets unemployment for layoff time, the state has been taking the money from the bounced check out of his paycheck.

He went to court today and brought in his paystubs to show that the money has been getting taken out of his check. Currently the arrears are up to about $1K. He gets charged interest on these arrears. The courts pretty much said there is nothing they can do about it.

I've told him to sue his boss for these actions, but he is afraid he won't get his paychecks anymore as his boss is notorious for withholding pay weeks at a time. I know he needs to find a new job, but he says he's looking with no luck and needs to just keep this one at least.

Any recommendations as to how to handle this situation would be appreciated! Thank you.

 

[TheGeekess]

2. Employer Liability

As an employer, you are required to forward child support money withheld from income to the designated collection location or agency within five (5) days of the withholding. You will have one (1) week from the receipt of the initial income withholding notice to begin withholding from employee wages.

Employers can be held liable if they do not comply with income withholding notices. An employer who fails to withhold income after receiving a withholding notice or who fails to forward the withheld money may be liable for contempt of court and a financial penalty. Courts may also impose a civil forfeiture on an employer who does not withhold money or who does not send the money to the specified location within five (5) days. Courts may hold an employer responsible for the amounts of support they fail to withhold.

Employers can also be held liable for failing to report New Hire information. The law provides for a penalty of up to $25 for each employee the employer fails to report. Furthermore, the employer can be held liable for a fine of up to $500 for failing to report or reporting false information because of a conspiracy with an employee. Employers will be notified of any potential penalties and will have an opportunity to contest their application.

Employers' Guide to Child Support, Part 2

 

[ninalee]

Thank you.

Problem we seem to be having is that this has been brought up to the system 3 times now. I have gone to the child support enforcement office with him to submit his paystubs as proof that the money is being taken out. He's gone himself to court once before with this information. Then just today he went to court, summoned by a contempt notice because he is in arrears, with the same proof. Yet they say that if they cannot get his employer in court there isn't much they can do. I'm shocked because I know it isn't legal. Of course his boss isn't going to come strolling into court or take phone calls from them.

What can be done to get the courts to take action against his boss?

 

[ninalee]

Thank you again for the info posted, but I'm still trying to figure out what I can do here. Do I need to get myself an attorney if my daughters father won't pursue this? I know what his boss is doing is illegal, but no one seems to care at the courthouse who is involved in our case. We've met with a caseworker in the child support office, and gone to contempt hearings twice, with check stubs proving the payments have been withdrawn.

I can't believe that my daughter's Father has to repay his bosses bounced check when it was taken out of his paycheck to begin with.

 

[Zephyr]

I would contact the District Attorney's office to see what has to happen in order for him to be charged with contempt.