Would it matter?

[dipper]

Soc,

BM is NCP.  She works for relatives and from what she has said in the past, is responsible for distributing payroll including garnishments, etc.  She is ordered to pay CS every week, as that is the way she is paid.  However, in the eight months that she has been ordered to do so, they send it in whenever the mood hits.  Every two weeks, every three weeks, three consecutive weeks, just very different variations.  No month actually has seen the correct amount ...its way less, or more due to finally sening money held from previous month.

I sent notice to DCSE and to the employer.  Employer (cousin) who is president of the company wrote back that "a" payment had been overlooked due to end of year/IRS obligations.  She stated that the payment had been forwarded - in fact, four payments were forwarded.

So, the next week a payment came in.  They skipped two weeks and then sent in one payment.  BM is already behind due to payments not paid in the beginning before it was wage withheld.

DCSE also sent the company notice about how to send support in.  In VA, they are liable for CS being sent in according to the employees pay schedule - either on the date of pay, or within four days if electronically processed.  

Soc, I am also aware that according to the amt bm provided at CS hearing, when I garnished her for a personal debt, they sent in hundreds of dollars less than was required each time.  While this debt has been settled in my mind - they paid the debt for her recently, I am tired of their games at my expense.

If I filed a show cause against them in J&D court for the continued flopping on CS payment dates, what could the court logically do if proven?


If I choose to file a show cause against them for ignoring the 25% law regarding garnishments, though the debt has been settled, what could the court do?

[socrateaser]

>If I filed a show cause against them in J&D court for the
>continued flopping on CS payment dates, what could the court
>logically do if proven?

Court could fine the company for willful non-compliance in the amount unpaid at the date(s) the company was delinquent, based on the company's willful failure.

Trick is to prove that the pattern of failures to pay timely was sufficiently intentional to satisfy the court. If it happens as often as it does, then I would suggest you write a letter to company and offer to settle the issue for some amount less than what you think you could get in court, and give them 5 days to respond, or you'll sue them.

At the moment, I can't remember if you would have to sue the company in regular civil court, or whether you can file a show cause in family law court. If it's the former, that could be a bit of a pain in the butt -- as I'm sure you remember from the small claims collection problems you had with your ex's prior employer.

Sometimes I actually remember stuff from the past.
>
>If I choose to file a show cause against them for ignoring the
>25% law regarding garnishments, though the debt has been
>settled, what could the court do?

I don't understand this question. Rephrase.

[dipper]

BM was ordered to pay me X amount of dollars by a civil court two years ago.  She still refused, and I had to garnish her wages.  Once, an employer of hers did not put the withholding into action and they had to pay the amount that should have been taken out from the time I proved they got the notice.  This did not go toward the garnishment.

Okay, so now she works for her cousins.  I had filed 4 - 5 garnishments and the amount sent in was less and less each time...for example, $400 for six months.  The garnishment summons states 25%.  I know this is after taxes and insurance, but is before 401K or savings.

I did not file, wishing not to rock the boat.  However, when we went for CS and she admitted her pay, it was clear that her employer had not taken out hundreds of dollars that should have been taken out.

Now, the debt has been settled. But, should I have to file about the CS withholdings, I was thinking of filing concerning the garnishments for the personal debt as well.  Show causes on each since they feel they can do whatever at my expense.

If I filed a show cause though the debt is settled, would the court in any way punish the company for not obeying the summons as required by law?

[socrateaser]

>If I filed a show cause though the debt is settled, would the
>court in any way punish the company for not obeying the
>summons as required by law?

No. The debt is settled, and that case is over.