self-employed ?

[usmcfamily]

I am wondering about something....
Bio-dad just left his last employer to become a partner in his family's business. CS had been being collected as a garnishment -- he has stated to me he "isn't sure" how it will go now....whether he will pay it out of his wages or if his brothers (the other partners in the business who have been running it up to this time and do the books to my knowledge) will pay it apart from his wages. My ? is how does CSE go about enforcing collection in a situation like this? Will they send the business a garnishment order or is he expected to be responsible for making sure it is paid? I don't necessarily expect him to flake on this because he has been very good about it and hasn't missed a payment in at least the last couple of years (the first year or two were very hit and miss with his payments) but if he DOES flake (he has stated already that he hasn't been paid "yet" and has been working for the business for a month already) and it doesn't get paid what steps would be taken to enforce collection by CSE? This whole "self-employed/business owner" thing is making me a little nervous because I know before when he worked for the family under his dad's control he would not get paid regularly........

 

[VeronicaGia]

usmc...you need to let us know what state controls the support order....OOPS!

Anyway, and employer by law is required to follow the court order. Therefore, garnishment can be ordered from the employer. Employer and employee are two different things...the employer must garnish the wages of the employee even if they are one in the same.

There are fines for not following the court order. Some states will even force the employer to pay the support.

 

[usmcfamily]

Thank you Veronica for bringing that oversight to my attention... The support case is handled through the state of Idaho.

 

[VeronicaGia]

I would contact CSE with his new employer's name, address and phone number and ask them to send a copy of the court order to his employer, giving his employer the usual time (usually 10 days but not sure of your state laws) to comply with the order or face contempt charges.

 

[haiku]

As someone who IS self employed, if he is truly self employed he wll no longer be garnished because the only one who can garnish him is himself!

if he is a business owner or independant contractor he has no "employer" to enforce an order with.

So technically he willl just have to continue paying the order through the state on his own. (instead of his boss taking out the money-he has too!)

So nothing would change if he is on the up and up.