Who's responsible for CS payments during wage garnishment?

[CDAN99]

CS is automatically garnished from my paycheck and now I no longer have the ability to mail the ex a CS check. The court and my ex made sure I never see that portion of my paycheck.

Now ex is saying that she is not getting her CS checks and claims that it is my responsibility to make sure that she somehow gets that CS payment. Now I can't discuss this with the ex because she keeps a RO on me forever and for no good reasons other than keeping me alienated from the kids so that she and her live-in BF can play the nice happy family without bio-dad while living on 3 incomes. The whole thing pisses me off to no end x( but back to the garnishment issue above.

What do I do? Anything? What can I do since I no longer see the CS portion of my pay? Who is responsible for possible CS screw ups when the payments are already garnished?

[hagatha]

FIrst and foremost, contact the support enforcement unit in your local county to ascertain the validity of her claims. Youn can also request an audit of your account to show you are paying. You should also request a review of your deductions from your HR department to be sure they are making timely payments.

This should be done via letter, return receipt, to cover your butt.

If your employer is not complying with the court order you need to speak with the head of the HR Department

The Witch

 
Remember . . . KARMA is a Wonderful Thing!!!!!

[williaer]

You are responsible for working enough to cover the court ordered amount; your employer is responsible for garnishing your check and sending it to CSEA, Child support is responsible for distributing the funds once they recieve them.

In Ohio there is a toll free number you can call to see if the payment has posted to the account.

I sense a TON of anger in your post- you have to remember- this is much better- you don't have to directly send her money- so long as it's coming out of your check- it's her battle to fight. Garnishment is the way to go. You adjust to what you bring in and know that your obligation is met.

If she asks you- and you know it's been deducted, tell her to call her child support worker.

[CDAN99]

Thanks for the replies.

Yes there is anger to be read in my post but it isn't because of the forced wage garnishment. Much of the initial anger has to do with being blamed for the problem when it is forced out of my hands and into someone elses by the system. I have no control over the outcome. I guess you could say that this puts me between a rock and a hard place.

I suspect that my employer may not always be sending out the wage garnishment in a timely manner. This did happen a few times in the past. If I complain about it with my employer, it falls on deaf ears. If I complain about my employer to someone else, I risk losing my job.

Either way, it's a no win sitation.

[CDAN99]

I suspect the company is not complying in a timely manner. The company is small and there is no one I can effectively complain to. See my reply below to williaer.

I feel there is no real solution and I can't change things. At this point I will need to know if my employer or myself be legally held responsible for the non-compliance?

[mistoffolees]

Depends. If the employer has been properly notified, it's their responsibility in most cases. However, there may be exceptions for very small companies.

I don't understand how there can be no one to complain to because it's a small company. Who signs the check? Tell them that the money needs to come out per your state law and that the company is responsible to do that.

[CDAN99]

Yes they have been properly notified. The boss / owner is the one who signs the check. He will sign it whenever he feels like getting around to doing it. It isn't top on his priority list and he will leave everything to the office manager. The office manager is another matter. She doesn't do her job when it comes to this as well. She seems to forget very often because I have remind her all the time. To make a long story short, both of them don't care if it is done on time because it is not their head on the chopping block.  I need to know if they can be liable for their actions and if so, how should I proceed.

I tried to have my wage garnishment done via direct deposit as CSE offers this option and the office manager refuses because she says that CSE will screw up matters so often that it won't be worth it. Like my work office can do a better job? Anyway I feel my employment position is not top priority to them because I am considered high maintenance with all the court ordered company extras I have to maintain like insurance through the company that no one else gets.

I hope that clarifies a bit.

Anyway I need to be sure who will be responsible for late CS payments done through garnishment since I seem to be getting hit from both ends.

[Jade]

>Yes they have been properly notified. The boss / owner is the
>one who signs the check. He will sign it whenever he feels
>like getting around to doing it. It isn't top on his priority
>list and he will leave everything to the office manager. The
>office manager is another matter. She doesn't do her job when
>it comes to this as well. She seems to forget very often
>because I have remind her all the time. To make a long story
>short, both of them don't care if it is done on time because
>it is not their head on the chopping block.  I need to know if
>they can be liable for their actions and if so, how should I
>proceed.
>
>I tried to have my wage garnishment done via direct deposit as
>CSE offers this option and the office manager refuses because
>she says that CSE will screw up matters so often that it won't
>be worth it. Like my work office can do a better job? Anyway I
>feel my employment position is not top priority to them
>because I am considered high maintenance with all the court
>ordered company extras I have to maintain like insurance
>through the company that no one else gets.
>
>I hope that clarifies a bit.
>
>Anyway I need to be sure who will be responsible for late CS
>payments done through garnishment since I seem to be getting
>hit from both ends.
>

Since it is court ordered to be automatically taken out of your wages, it is your employer who will be held responsible if they don't forward the payments in a timely manner.  

I suspect that after the first fine, your employer will start signing when he is supposed to and not when he feels like it.  

[CDAN99]

OK thanks. I can only hope it plays out that way then.

[MixedBag]

you know, I think it might help if you could show them where in the order and where in your state's codes THEY are responsible.

Then let CSE/DHR contact them.