Employer late in sending C.S.

[skale7179]

What is the name of your state? Illinois

My ex-husband has an order of withholding so that his employer takes the C.S. he pays and sends it to C.S.E. who then sends it to me. When this first started he would get pd. on a friday and I would recive C.S. on the following saturday or monday. Lately payments have been a week or more late, right now it has been 15 days since I have recived C.S. I spoke to his employer who was very rude and told me she didnt have to tell me anything and that if she wanted to she could send the payment once a month, and that C.S.E. told her that. From what I could find on C.S.E's website the employer has to send the C.S. in 7 days or face penalties.

So my question is how much time does the employer have to send the C.S. to C.S.E?

And is there anything C.S.E. will do to get them to send the C.S. on time?

Thanks for your time!

 

[rmet4nzkx]

What is the name of your state? Illinois
My ex-husband has an order of withholding so that his employer takes the C.S. he pays and sends it to C.S.E. who then sends it to me. When this first started he would get pd. on a friday and I would recive C.S. on the following saturday or monday. Lately payments have been a week or more late, right now it has been 15 days since I have recived C.S. I spoke to his employer who was very rude and told me she didnt have to tell me anything and that if she wanted to she could send the payment once a month, and that C.S.E. told her that. From what I could find on C.S.E's website the employer has to send the C.S. in 7 days or face penalties.
So my question is how much time does the employer have to send the C.S. to C.S.E? 7 DAYS
And is there anything C.S.E. will do to get them to send the C.S. on time? POSSIBLY EFT
Thanks for your time!

Here are some FAQ from Illinois CSE $100 p/d after 7 days:
Q:How does an employer know when and how much to withhold?
A:Withholding must begin no later than the first pay period occurring within 14 working days after the date the notice was mailed, faxed or personally served on the employer. The notice informs the employer of the amount to be withheld. The withheld pay must be sent within seven (7) working days of the pay date of withholding. The address to which the withheld pay is to be sent is in the notice.
Q:What does an employer send with the employer's check or money order for the employee's withheld funds?
A:The remittance should be made payable to the State Disbursement Unit and must include:

* the county in Illinois where the order was entered,
* the case/docket number,
* the name of each employee,
* the Social Security number of each employee,
* the amount of the payment and pay date for each employee and each case number (if the employee has more than one case) and
* the name and address of the payee, if known.

Q: Can the employer send withheld income from several different employees in one check?
A:Yes. An employer may combine withheld amounts for more than one employee in a single payment; however, information must be provided about the amount withheld for each employee. The remittance should be made payable to the State Disbursement Unit and must include :

* the county in Illinois where the order was entered
* the case/docket number
* the name of your employee,
* the Social Security number of your employee
* the amount and pay date of the payment for each employee
* each case number if the employee has more than one case, and
* the name and address of the payee, if known

Qoes an employer have to withhold at the frequency on the notice?
A:Employers do not have to vary their pay cycles to comply with the ordered frequency. The notice provides the total to be withheld and the corresponding amounts for weekly, biweekly, semimonthly and monthly pay cycles for the convenience of the employer. SO THEY COULD PAY ONCE A MONTH IF ALL EMPLOYEES ARE PAID ONCE A MONTH

Q:Are there shortcuts to make it easier for employers to comply?
A:Illinois law requires that after June 30, 2000, every employer that has 250 or more employees shall use electronic funds transfer (EFT) to pay all amounts withheld pursuant to a child support income withholding notice. (750 ILCS 28/35 (a)) Additionally, the statute requires that after January 1, 2001, every employer that has fewer than 250 employees and that withheld income for child support pursuant to 10 or more income withholding notices during the preceding December shall use EFT to pay all amounts withheld pursuant to a child support income withholding order. ( 750 ILCS 28/35 (a))

Please contact the Illinois State Disbursement Unit EFT Liaison for instructions to properly submit child support payments by EFT. The EFT Liaison contact number is 1-888-704-0683.
Q:What does an employer do when the employee or custodial parent asks questions about his/her withholding notice or DPA 3554, National Medical Support Notice?
A:Employers are not responsible for answering questions about the information on the notices. Refer the employee or custodial parent to the inquiry number provided on the notice. In most cases, this will be IDPA's Income Withholding Inquiry Line or Medical Support Unit, but sometimes this will be the number of another state's child support agency, a private attorney or a custodial parent.
Q:What if an employer does not comply with DPA 3683, Order/Notice to Withhold for Child Support?
A:The employer may be subject to a $100 penalty for each day that the withheld amount is not paid after seven (7) working days have expired. If the employer willfully fails to withhold support pursuant to a notice, the employer can also be liable for the total amount.

 

[skale7179]

Thanks for responding rmet4nzkx! I have read most of what u posted already, just wanted to make sure of the 7 day thing.

My ex is pd. every 2 weeks, his last pay date being July 23rd therefor his employer has 7 days from the 23rd to send pymt to C.S.E. right? And I see its working days...It just amazes me that a few months ago he could get pd. on fri and I would get the c.s on saturday or monday and now it takes a week or better....jeesh..but If thats the law so be it I guess. Thx

 

[rmet4nzkx]

That's why I put the part in about EFT, if the company is over 250 employees then that is required or less than 250 with 10 or more employees with C/S witholding, that is quicker. Sounds like they are dragging their feet because they can, if he gets paid every2 weeks then they cannot do it once a month as threatened.

 

[TNBSMommy]

That happened to me, after the DA's office kept calling every month, and they would finally send it. I got tired of that, and let it get a month behind, and requested a court date. I was told it was my ex's responisibility to make sure they send it. He kept telling me, " Its not my problem, they take it out of my checks, I can show my check stubs" I was told by the DA that it didn't matter how many check stubs he could bring in, what mattered was how much of it was showing up as sent in. I ended up having him put in jail for non payment. The week he got out, I received a check covering everything this company hadn't been sending me. It was over a months of CS. It took me putting him in jail for him to stand up to them and raise he!!.

I had gotten to the point where I felt I shouldn't have to call to find out where it is every month. This may be an option for you. I was also told by several members to file a Motion To Show Cause RE: Contempt and haul both my ex and the employers into court~ And let the employers tell the judge why they aren't sending the money in. My ex already had a warrant out for CS, so that kept me from having to do this, but it may be something you could do.

 

[skale7179]

rmet4nzkx: Im not for sure about the number of employees or how many are suppose to be paying C.S. I do however know that I am not the only one who is complaining to this employer. But it would seem to me that at one point they were using the EFT if he would get pd. one day and I would get C.S. the next. This is a fairly small family owned buisiness so there is no one above the lady I talked to, not that I was gonna get anywhere with her....

TNBSMommy: I cannot tell u how many times Ive heard the same thing also.. "Its not my problem, they take it out of my checks, I can show my check stubs"....although when I asked for his checkstubs and even told him to block the things out he didnt want me to see...I was told "NO"...If it does end up with me having to take him to court, it wouldnt be the first time. We've been there b4 when he used to pay it on his own.

As of tommorrow it will be the allowed 7 working days that the employer has to send it in. Talked to C.S.E. today...they still have no payment. Gotta call tomorrow and action will be taken then on the employer. C.S.E. told me I would possibly need an attorney...anyone know if I will have to foot the bill for one or will the employer or ex??....or TNBSMommy was the DA's office any help in your court case?? THx

 

[Whyte Noise]

Missouri has the same clauses about sending it in 7 days after it was withheld as Illinois does.

My husband has CS garnished from his paycheck. He was getting paid weekly. When his ex didn't get a check, she hit the roof. (He'd just started, and he'd been paid twice, and they'd deducted CS out of his paycheck.) She called CSE who in turn called my husband. He told them it was being taken out, and he faxed them copies of his pay stubs. They called him back and wanted HIM to call his employer and find out what was going on. So, he did their job for him. His company only sent in CS payments once a month. Not every week. He called his CSE caseworker back and told her this. That was the end of it. His CS was taken out every week, and paid by the employer once a month for a year and a half. Not once did they come after my husband for anything. He was paying like he was supposed to, it was the employer that was only paying CSE once a month. And when my husband told the caseworker this, she said, "OK, that's fine" and that as long as it was sent in, there was no problem.

 

[TNBSMommy]

Missourigal, I really do think it is bull that the NCP has to be held accountable when it is the company not sending it. My ex told me time and time again that he was going to "sue that b*tch for harrassment" b/c she was doing HER job and calling the employer. IT was when he quit that job, started a new one and was working for three weeks before he told me. I found out b/c I called his old job(the ones who weren't sending CS in) and was told he quit the month before. He told me when I found out he'd quit that it wasn't mine, nor the DA's F***ing business where he worked. That is why I had him arrested on the warrant that had been out for over a year on him.
We were told the same thing about it being sent in once a month, but it would be 6, 7 weeks, DA's would call, suddenly there it was.

 

[skale7179]

I have to agree w/ TNBSMommy. If the $$ is being taken out of the NCP's check essentially they are paying it. Its the employer who isnt owning up to their end of the deal... heck he pd. more regularly b4 the order of withholding...lol. Anyway, CSE recived pymnt yesterday(imagine that 1 day b4 the employer would have been fined) I should recive it tomorrow...but cs will again be deducted this fri from his check..I wonder how long it will take............ geezzz!!!