what can I do now?

[carol1206]

What is the name of your state?New Jersey

A child support order was entered on 2/17/05 against my ex. His paycheck garnishments began as of 3/11/05 for $170.00 weekly. My problem is that his employer is dragging their feet when it comes to sending the money to Trenton. According to the probation department I should receive a check every two weeks. His employer will only send a check to the state once a month. Lately it has taken 5 - 6 weeks before I get any money and then the amount totals a 4 week period. He is currently over $1600 in arrears. How can I get his employer moving? I have spoken to the payroll department to no avail.

 

[VeronicaGia]

What is the name of your state?New Jersey

A child support order was entered on 2/17/05 against my ex. His paycheck garnishments began as of 3/11/05 for $170.00 weekly. My problem is that his employer is dragging their feet when it comes to sending the money to Trenton. According to the probation department I should receive a check every two weeks. His employer will only send a check to the state once a month. Lately it has taken 5 - 6 weeks before I get any money and then the amount totals a 4 week period. He is currently over $1600 in arrears. How can I get his employer moving? I have spoken to the payroll department to no avail.

You will have to read the order. Keep in mind that the order could be broken down into how he's paid, for instance if he's paid weekly, it is a weekly amount, semi-monthly is another amount and monthly is a third amount. His employer can take a fee from every check he has to write out for the garnishment according to the state laws where your ex lives. In MI the fees are low, but other states could be higher. More checks means more fees. Also, as long as the monthly amount is correct, I doubt a judge will bother with him. He's paying.

 

[carol1206]

he's paying but i'm not getting paid

He gets paid weekly. My problem isn't that hes not paying, its that his employer isn't forwarding the money to me.

 

[VeronicaGia]

He gets paid weekly. My problem isn't that hes not paying, its that his employer isn't forwarding the money to me.

Does the employer send it thru a child support enforcement office? If so, that could be the holdup.

If he's sending it in full within the 30 day period allowed, I doubt there's much anyone can do about it. And harassing him or his employer could only make matters worse for you. I understand you need the money, but better a little late than not at all.

 

[carol1206]

still no money

The money that is garnished from his pay each week is then sent to the State Child Support collection unit. In turn, the State direct deposits the money to my bank account. The state has informed me that they have not received any $ since 5/9/05. My Ex has his paystubs showing deductions have been made. It's obvious that his employer is holding onto the money. I contacted the County probation department who oversees the case for the State. The only thing they can do is send him a letter stating that he is in default. In the meantime I'm being threatened with eviction because I can't pay the rent in full again this month. Any suggestions?????

 

[LdiJ]

He gets paid weekly. My problem isn't that hes not paying, its that his employer isn't forwarding the money to me.

Unfortunately, that is not so uncommon of a problem. The same employers who do that are also negligent about sending in withholding taxes as well. If they run into any kind of a cash shortfall...withholding taxes and child support payments tend to come last. There are also many companies who flat out will not pay ANY bills more than once a month.

The payroll department can't help you...but if you bug the CS agency they might get on the company's back about it.

 

[carol1206]

I'm sure it's quite possible this company is having financial difficulties. I'm sure if they are holding onto my money for other financial obligations, this poses both legal and moral issues. In essence, they aren't paying him his full wages. So much for going through the courts to be "guaranteed" child support. The latest info I got was that the monies were sent to the state but for some unknown reason, the money never made it to my cs account. My question now is, can I apply for some sort of temporary rent assistance in the meantime until this is all straightened out or am I SOL until this matter is resolved.

In the meantime, I have notified CS agency and they will ultimately take him back to court to prove cs is being paid by him. Thanks!

 

[LdiJ]

I'm sure it's quite possible this company is having financial difficulties. I'm sure if they are holding onto my money for other financial obligations, this poses both legal and moral issues. In essence, they aren't paying him his full wages. So much for going through the courts to be "guaranteed" child support. The latest info I got was that the monies were sent to the state but for some unknown reason, the money never made it to my cs account. My question now is, can I apply for some sort of temporary rent assistance in the meantime until this is all straightened out or am I SOL until this matter is resolved.

In the meantime, I have notified CS agency and they will ultimately take him back to court to prove cs is being paid by him. Thanks!

His employer can be fined for this if you press the CS agency hard enough.