CS and employer not sending in cs

[wendl]

Soc,

My husbands employer garnishes his checks every other week for cs.  BUT  he is not sending it in, employer didnt send in for 2 months then dh questioned employer, employer states it was mailed in then a week later cs shows the 4 missed payments received.

This employer now has failed to mail in 3 other payments, is their anything we can do, the cs worker has called this employer in Dec, Jan and Feb regarding this.  It is really getting frustrated the employer has yet to mail in a cs payment of this month. I know they can wait and pay the entire monthly support at one time but he is waiting like 2 months at a time.

His court order states it has to be garnished and sent by employer

Any ideas to get this jerk to send in the cs payments. Sad thing is this man is a Senator in our state too.

**These are my opinions, they are not legal advice**

[socrateaser]

>Soc,
>
>My husbands employer garnishes his checks every other week for
>cs.  BUT  he is not sending it in, employer didnt send in for
>2 months then dh questioned employer, employer states it was
>mailed in then a week later cs shows the 4 missed payments
>received.
>
>This employer now has failed to mail in 3 other payments, is
>their anything we can do, the cs worker has called this
>employer in Dec, Jan and Feb regarding this.  It is really
>getting frustrated the employer has yet to mail in a cs
>payment of this month. I know they can wait and pay the entire
>monthly support at one time but he is waiting like 2 months at
>a time.
>
>His court order states it has to be garnished and sent by
>employer
>
>Any ideas to get this jerk to send in the cs payments. Sad
>thing is this man is a Senator in our state too.

Well, first thing I'd do is call the newspaper in the State Capitol and tell them your story. Make sure you are telling the unvarnished truth, or you will lose all credibility. But, that should light a fire under the Senator's ass.

After that, you should be able to hire just about any attorney in the state who wants publicity to have the employer held individually liable for the payments sent late.

[wendl]

We have all the paystubs showing when the payments were deducted from his checks, we have the entire printout from the support office of all payments received--AND we finally found his last paystub from 2005 and when we add up the total deducted for the year of 2005 and the printout for the cs office, they never send it one payment (which they said they did)

So we are absolutely, positvely sure of this information, the math isn't added up and my dh is a wiz with math.

Thanks for your help, I will tell dh.  Its just sad cuz they guy is taking money of the pocket of my stepkids.

**These are my opinions, they are not legal advice**

[wysiwyg]

nm

[socrateaser]

.

[wysiwyg]

my apologies - guess the IRS breathing down my back has me a bit on edge.

[Miller]

This is not legal advice but is merely my own personal experience when dealing with a similar situation in IL.

One of my husband's past employers did this same thing where the CS was withheld but then not sent to the state in a timely manner.  We pulled a copy of the withholding order (which is what the employer had on file too) and it clearly stated the State's guidelines which the employer MUST follow.  IL has a guideline that requires the employer to send the CS to the state disbursement unit within 7 business days of the pay date that the amount was withheld from the employee's check.  If an employer chooses not to follow these guidelines, then they are subject to fees from the State.

You should check into your State's guidelines to see if there is anything that would help you.  If the State has guidelines and your employer is not following them, then the State will be the ones to address this issue with the employer.

[socrateaser]

>Soc,
>
>My husbands employer garnishes his checks every other week for
>cs.  BUT  he is not sending it in, employer didnt send in for
>2 months then dh questioned employer, employer states it was
>mailed in then a week later cs shows the 4 missed payments
>received.
>
>This employer now has failed to mail in 3 other payments, is
>their anything we can do, the cs worker has called this
>employer in Dec, Jan and Feb regarding this.  It is really
>getting frustrated the employer has yet to mail in a cs
>payment of this month. I know they can wait and pay the entire
>monthly support at one time but he is waiting like 2 months at
>a time.
>
>His court order states it has to be garnished and sent by
>employer
>
>Any ideas to get this jerk to send in the cs payments. Sad
>thing is this man is a Senator in our state too.

Well, first thing I'd do is call the newspaper in the State Capitol and tell them your story. Make sure you are telling the unvarnished truth, or you will lose all credibility. But, that should light a fire under the Senator's ass.

After that, you should be able to hire just about any attorney in the state who wants publicity to have the employer held individually liable for the payments sent late.

[wendl]

We have all the paystubs showing when the payments were deducted from his checks, we have the entire printout from the support office of all payments received--AND we finally found his last paystub from 2005 and when we add up the total deducted for the year of 2005 and the printout for the cs office, they never send it one payment (which they said they did)

So we are absolutely, positvely sure of this information, the math isn't added up and my dh is a wiz with math.

Thanks for your help, I will tell dh.  Its just sad cuz they guy is taking money of the pocket of my stepkids.

**These are my opinions, they are not legal advice**

[wysiwyg]

nm