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.

[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.