Gender bias

[dipper]

We are in VA.  When dh was NCP and paid CS, he was very ill one month - spent two weeks in the hospital and missed six weeks of work.  He only missed two CS payments in that time.

DCSE instantly sent a withholding order to DH's employer to make up for the missed payments.  

Okay, fast forward to bm becoming NCP and having to pay CS.  She became two payments behind right off.....and five months later no action has been taken.  Oh, they did send her a letter three months ago requesting she pay it.  

She is also the person to deliver checks/send out payments through her employer.  So, dh never knows when CS will be paid.  In december she was 1 1/2 payments shy....and in January another $20 short....so, that makes for almost four payments behind now.  She has been working and at least some of the money is just there at the employers.  It is simply not being sent in.

DCSE is doing nothing.  I know it is not major amounts, but the fact is when it was a man...they didnt miss a beat.  Now, that its the woman owing, they are doing nothing....

[mistoffolees]

That's quite possibly due to gender bias, but there are also some possible 'innocent' explanations.

1. Perhaps different people handled it and person 1 is more vigorous in enforcing the rules - whether the person in arrears is a male OR a female - while person #2 is laid back.

2. Perhaps the BM did something to force DCSE's hand - perhaps with the aid of an attorney.

While I don't doubt that gender bias exists, I believe that eliminating it requires one to be quite careful to be sure it exists before making that claim. It's just not that easy.

[dipper]

Oh, I did not state this to DCSE.  I did take time to dig throught VA law ..and what I found is that when an employer is served for a withholding (CS), instructions are to take out the CS on the next paycheck and to be consistent in sending in the CS with the employees paycheck schedule.  Either CS is to be mailed in on the payday itself or electronically sent in within 4 days of payday.

So, someone is not obeying either way...and that is what I wrote in recent letter to DCSE.  

Lets face it, proving bias would not be easy - probably impossible because of the things you mentioned.  

[HelpingHands]

Look up the child support regulations for the state of Virginia. I recall specifically seeing that if the employer does not make timely payments then THEY become liable for the money owed. I posted alink on Soc's board.. I will try to find it.

Perhaps the mother's boss will not like that they will be responsible because the mother is acting unprofessional within her position by withholding the child support checks.

I bet you will start receiving checks in a timely manner once the big man gets word his company is responsible for her child support.

[dipper]

We have sent a letter to DCSE to explain the situation.  I did find the regulations as I remembered you posting that link before and looking at it then.  I had to dig to find it again, but it is clear that the support is to be sent in consistent with paydates.  

WE are going to give DCSE a short time to take care of this matter...they should send us a notification of action taken.  Then if they havent perhaps we can write to the employer ourselves, citing the law.

She has did something similar before and cost her then employer.  The corporate office was out of state.  Clerk told us to send garnishment to place she managed and she had to forward it.  So, we did that.  Soc recommended we send it certified out of state as well.  We wound up waiting to do the certified way.  

Nothing was garnished- this was a personal debt and not cs.  DH took the company for a show cause.  They had to pay from the date they received the certified letter to the time the garnishment would have expired.....They never received the original summons from her, as manager of the instate store....Good thing was that this money did not go toward her garnishment....it was simply a punishment for the employer for not following court order...

And it was rather funny, the company CEO did not respond at first to show cause -so judge ordered a warrant for his arrest......LOL...