I am not an attorney, however, I would think that if there is an order for him to pay a certain child support amount and Child Support Enforcement is only enforcing the amount up to the 40% garnishment of his pay that you could file on your own a motion to show cause for the amount he is not paying. Because if he is ordered to pay it he is still required to pay it whether Child Support Enforcement is enforcing it or not.
The percentage is a per paycheck limit. Wage witholding would not be effective if the entire amount of support could not be witheld monthly. I would suggest you try and connect with someone else in the office there.
Erin E. Clarey
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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My order was established in September of 2008 and I received my first payment in November. He was ordered to pay 623 monthly plus 25 to catch up with arrears. Caseworker told me 40% maximum is being taken through wage garnishment and the rest of the support is up to him to pay directly. Well, he is not paying his part. I went to the caseworker and she told me there is nothing she can do. She also told me his taxes can not be taken because the case is too new and he can not be arrested because some of his wages are being garnished and that saves him from being served for jail. I need to know if this is true.
Kelly R Watson