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Author Topic: Anyone here have trouble getting child support through wage garnishment  (Read 3167 times)

jumbo

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It seems as if it is taking forever for the state CS enforcement toget the ball rolling.  They have sent a second work order to the employer ans still nothing.  Would it be a good idea to call the ex's payroll dept to see what the matter is?  Whats the recourse if they are allowing so much time and letting the employer take there time in doing what they want, which is not honoring the wage garnishment order.  Am I supposed to wait in CSE to do something or can I file a show cause or contempt on my own?


Kitty C.

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If they have sent a second work order for garnishment, then it's not CSE that's causing the problem, it's the employer.  I would be asking CSE what their protocol is in this kind of situation, but I would not contact the employer directly unless CSE says it's okay.  This is a court order we're talking about and only CSE has the power to enforce it.
 
Something else to ask is if this goes on for a few months, will the employer be required to take out enough to cover from the date of the original order?  If so, that might leave your ex with little to nothing for a paycheck for that month.  I think it's up to CSE to contact the employer, but also remember that if you are in a heavily populated jurisdiction, they also have many other cases to deal with and only so many staff to handle them all.
 
One other thing that should be investigated...is the ex still employed with that particular company?  Because if they're not, that may be why the employer isn't responding.
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tigger

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What state are you in?  I only have experience with NC CSE so if you're somewhere else, my experience won't help you.
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jumbo

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the second order was sent ebecause teh judge issued another order for the back CS.  this was not to modify the first order, but just for him to pay an additional amount.  But CSE seaid that the 6 week wait period had to start all over again because anotehr order was issues.  Makes no since to me that state law says after the witholding order is recevid, the next paycheck must be garnished and the money must be sent in 7 days. 

 

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