Who's responsible for CS payments during wage garnishment?

[CDAN99]

Thanks MB, seems like a good idea.

I was able to find the section on 'Wage assignment procedures' from TGB's links. There is some useful info there but it doesn't spell out who is responsible for late or non-payment. It does say that... 'The wage withholding agent shall remit to the clerk of the family court, or other designated remittee, within seven (7) days of the date of withholding...'

As far as I can tell, if they don't follow the procedures then they are the ones breaking the law, not me :)

[mistoffolees]

Then show that to your ex and suggest that she have CSE go after them. If she spends her time with CSE rather than harrasing you, she should get her money.

Since it's your employer, you don't want to be the one stirring up trouble. Just tell your ex you're not involved and show her the statute. If she asks for the name of the contact person, give it to her, but do not get involved in any other way. In fact, I'm not sure you have any grounds to - since it's their responsibility.

The only down side is what happens when CSE comes back on your company for back support payments? Technically, it's your company's reponsibility, but what are you going to do if they try to take it out of your paycheck? It might be a case where it's not worth fighting about since your job is on the line.

[CDAN99]

Thanks, that is exactly what I will do. I will find out how it all goes this coming Saturday. I will get to see the ex briefly that day and let her know everything. I am sure she will give me her big speech saying that I am still somehow responsible for everything and that I should be doing this for her, LOL. Anyway, you are right, I can't afford to stir things up with my employer. I would rather it be my ex, her attorney or CSE contacting the office and letting them know the law.

As for CSE coming after me for back payments? I don't think that will end up being an issue since the money is already accounted for.

Thanks everyone for all your help!

[Jade]

>Then show that to your ex and suggest that she have CSE go
>after them. If she spends her time with CSE rather than
>harrasing you, she should get her money.
>
>Since it's your employer, you don't want to be the one
>stirring up trouble. Just tell your ex you're not involved and
>show her the statute. If she asks for the name of the contact
>person, give it to her, but do not get involved in any other
>way. In fact, I'm not sure you have any grounds to - since
>it's their responsibility.
>
>The only down side is what happens when CSE comes back on your
>company for back support payments? Technically, it's your
>company's reponsibility, but what are you going to do if they
>try to take it out of your paycheck? It might be a case where
>it's not worth fighting about since your job is on the line.


The prior withholding should show up on his paystubs.  He needs to make sure that he keeps them so that he can prove that he did, in fact, already have it taken out of his wages already.  

Of course, if they come after him and he fights back, he may lose his job.  

[MixedBag]

where the employer wasn't sending in the payments.

Forgot who it was, maybe someone else here will remember or they will read this and share their experience and their solution.

I agree -- gather up your wage statements to show where the employer with held your child support obligation.  That's gonna be the key to your defense.  

And I also suggest you do a search on this part of the site.  I believe I remember Soc saying that the company is liable, but I'm not 100% sure, hence the suggestion you search for others who have asked the same question.

[notnew]

She needs to contact the CS enforcement office. When she calls you next, tell her this. If she continues to harass you, hang up and don't take her calls. Let them go to voicemail, then check it to make sure it's not regarding the children.

I don't know what else you can do aside from contacting CSE  yourself and asking them about it yourself.

In our state, there is an application process that needs to be completed even with a court order in place. Perhaps one of you needs to do that to get things started?

[wysiwyg]

WE have been down this road before and here is a few things to consider.

check to see if your state has a child support ledger online, ie I can go to our state and log in and see the most recent payments to the CS office.  IF they are being made to the CS agency then ask themwhy or if they are being sent out.

2.  YOu can go to the cs agency adn ask for a print out of the payments, ie here I can do this and it give me the date and check number of the payments made to the ex.

3.  if you have your pay stub and it clearly shows that the wages were garnished, then you have a receipt it was paid.  Check the laws in your state for employers who fail to make the payments.  My current employer (a large goverment agency) states that our responsibility ends when they receive the order for garnishment and their part ends when it is sent in.  IF you have a large company, it is possible they pay electrinically, ask HR to trace that payment if they made it, it could be they have the wrong account number and your payments are being made erroneously to someone else or being held in limbo because of a wrong number.  

According to any court, they will say that you are responsible, however, where does that responsibility lay?  When it is garnished from your pay, or to pay additional moneys for someone elses faillure?  No one has ever given me a straight answer, I tend to believe my employer that my part ends when it is taken from my pay, and theirs when they pay the CS enforcement.

Seems to me that you have a few leads to trace before you can make heads or tails of this situation.  Unfortunately, it always is our fault...........BUT check the laws in your state for uncooperative employers - here they can be fined for non payment, but also check to see the frequency they are to pay, while your CS is garnished every pay, some states only require a monthly payment.

[CDAN99]

>According to any court, they will say that you are
>responsible, however, where does that responsibility lay?
>When it is garnished from your pay, or to pay additional
>moneys for someone elses faillure?  No one has ever given me a
>straight answer,...

This is the same thing I am running into. I can't find any laws that spells out the answer either. Common sense tells me the same thing as your employer did but we all know that family law doesn't always follow common sense.

Thanks for the advice and I will definitely have to try to research the state laws on uncooperative employers and paying frequency some more just to be sure.

[jenjen]

If you live in florida you are responsible even though you dont see the money I would wait for child support to make a claim that your not paying then show up to court with your pay stubs that show the deductions being made.