employer did not deduct

[justalayman]

I don't know that the garnishment would cease, but it would more likely decrease to 50% of the take home. I think. Haven't had my coffee yet.

I worded it poorly. I was attempting to infer that the earnings would be less than 50% of the normal week and possibly take it below the threshold of minimum income to garnish. My fault.

I was essentially trying to post the query of:

if the garnishment cannot be met (as in the OP's situation) can it be rolled over to a later pay period with some, or all if available, be taken to "make-up" the missed payment?

 

[ceara19]

Yes I do have the copy of the order that say and I qoute....."the earnings witholding be and hereby in effect on the earnings of the defendant in the sum of $600.00 per month"...
and the employer have a copy also. The employer and I have different interpretation of the order. I sought the garnishment order so that I don't have to go to court all the time and now the employer is telling me to go to court to get the arrears amount?...I just don't understand why they did not deduct it from his next paycheck, and by the way he recieve $1126 every two weeks (before taxes) I need advise from anybody who have knowledge in this kind of situation and what are my options...who do I need to call. Thank you

I realize that your court order says $600 per month, but what does the Order of Withholding say? When the employer received this from the court, you should have gotten one in the mail. Chances are that the garnishment order has the child support payments broken down so that it is spread out over each pay period. It probably says something along the lines of If the employee is paid monthly deduct $600, bi-monthly $300, every other week $276.93, weekly $138.46. That's the way many garnishments are done. You would take the amount of monthly support, multiply by 12 and the divide by the number of pay periods the person has in the course of one year.

When the total amount is NOT garnished for whatever reason, the paying parent is responsible for sending in the rest of the payment themselves. Have you asked the NCP if he is aware that he is $XXX behind in child support and that he is supposed to send that amount in himself since his employer did not garnish it? If you explain that the unpaid amount will gain interest until it is paid, it may motivate him to take care of it.

 

[ceara19]

I worded it poorly. I was attempting to infer that the earnings would be less than 50% of the normal week and possibly take it below the threshold of minimum income to garnish. My fault.

I was essentially trying to post the query of:

if the garnishment cannot be met (as in the OP's situation) can it be rolled over to a later pay period with some, or all if available, be taken to "make-up" the missed payment?

I don't believe the amount can just be rolled over to the next pay period without a court order or the employees permission. If the entire amount cannot be garnished from the person's check, that person is responsible for sending in the difference.

 

[justalayman]

I don't believe the amount can just be rolled over to the next pay period without a court order or the employees permission. If the entire amount cannot be garnished from the person's check, that person is responsible for sending in the difference.

Thank you very much ma'am.

 

[Ohiogal]

Ceara got it -- the order of Withholding controls. It takes the monthly amount ordered by the court, multiplies it by 12 (for a yearly amount) then divides it by the amount of pays the obligor has. That amount is then garnished from each paycheck up to the maximums allowed by law. If the pay is short then it becomes an arrearage which can either be paid directly to CSEA by the payor or taken up in court.

 

[ceara19]

Ceara got it -- the order of Withholding controls. It takes the monthly amount ordered by the court, multiplies it by 12 (for a yearly amount) then divides it by the amount of pays the obligor has. That amount is then garnished from each paycheck up to the maximums allowed by law. If the pay is short then it becomes an arrearage which can either be paid directly to CSEA by the payor or taken up in court.

I'll be waiting by the mailbox for my prize. The sad thing is that I had to explain how a garnishment order works to 3 DIFFERENT caseworkers at the Texas Attorney General's office. It's always nice to see my tax dollars hard at work!

 

[Ohiogal]

I'll be waiting by the mailbox for my prize. The sad thing is that I had to explain how a garnishment order works to 3 DIFFERENT caseworkers at the Texas Attorney General's office. It's always nice to see my tax dollars hard at work!

Good grief. That is sad that the Texas AG doesn't get it. Ummm... hmmmm.. about the prize.. yeah... well... dang..... You might be waiting a while. Sorry.