• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

NCP Employer won't withhold CS as ordered

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

amanning

Member
What is the name of your state? TEXAS

My XH was fired from his job and is now working for his parent's business. I know that they have regular payroll and he has been on it for 3 months. The attorney general has sent them notices, but they are still not withholding wages. Can't they get in trouble for doing that? What happens when an employer fails to comply?
 


They can lose any licensing they may have and potentially face federal charges. You say the attorney general is involved? From your state? What have the case workers said?
 
Employment Status

amanning said:
I know that they have regular payroll and he has been on it for 3 months.
You "know" that he has been on the regular payroll for 3 months? How do you know (if you don't mind my asking.)

As SingleMom indicated, the penalties can be costly for employers who do not comply with a wage withholding order. And those penalties are usually spelled-out on the order sent to the employer.

Are you sure that your ex isn't working for the business as an "independent contractor"?
 

amanning

Member
The attorney general always gives me conflicting answers. They sent me a copy of what they sent to his employer. It says that the employer must withhold within 7 days of his next paycheck. When I called the attorney general to see if the employer has acknowledged him as an employee, they said that the employer did not have to comply for 4-6 weeks. What kind of crap is that? First, they take almost 3 months to send a wage withholding order.....then say that the employer can pay their employee for up to 6 weeks without withholding pay? No wonder it is so hard to collect from these people! They let them slide and by the time they catch up to them, they can outrun the attorney general to another job.

He could be being paid under the table....but when I knew his mother in the past, she was always very honest about complying with the law and had him on payroll when he worked there before. Things could have changed, I don't know. The attorney general also told me that the NCP ordered to pay CS can go as long as 3 months without paying anything before they will do anything about it, and I have to call and be the "squeaky wheel", to get them to enforce the CS order. UGH Why is it so EASY for DEADBEATS! What about the kids???? If I don't get any CS, then I will not be able to buy school clothes/supplies. This is ridiculous!

Angela
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top