Employer Not Withholding and another?


#1
quote:
[i]Originally posted by jvy34[/i] [br]I have voluntary support agreement, court ordered withholding. I am going through child support enforcement in Davidson County. My first question is I found out that his employer didn't withhold from 2 checks that I know of. Can I bring him into court for not withholding or does CSE have to do it? I did TRY to speak to my worker, I did talk to her boss who refused to do it. In the Statutes it says he is responsible plus I had told the employer several times not to listen to Ex.

Before going to court, you might want to make sure that those checks were definitely in the time frame where the withholding needed to be done.

Employers are permitted a certain amount of time to implement an income withholding order, and they are also permitted time (after the normal payday) to send the funds. (It can easily be 4-6 weeks from when the order is served on the employer before funds show up.)


#2

Thanks for replying Golfball. He has been working for this employer for awhile now. His boss told me that my ex told him not to take it out because he was taking my daughter Christmas shopping, and had an agreement with me. I spoke to his boss twice before this and told him that we have nothing to do with him and that he has told previous employers not to take his CS out. I took them (the previous employers)to court under the GS. That is when I was a Clerk of Court case, I mostly handled it myself.
My question is can I do this again because I am now a Child Support Enforcement case, and do they have to listen to me about my case within reason.

Vicky


#3
quote:
[i]Originally posted by jvy34[/i] [br]Thanks for replying Golfball. He has been working for this employer for awhile now.

It doesn’t matter how long he’s been working for the employer, whether he’s been there for 6 months or 6 years, it can still take a while for wage withholding to take effect.


#4

Maybe I should of said the child support has been taken out of my Ex’s checks since a week after he started working there, except for the 2 weeks that I know wasn’t withheld as it should of been because my Ex’s boss told me of 1 time and his accountant told me of the other time. I’m sure there may be more.

Vicky


#5

Does this money he didn;t get drafted put him in arears? You can go online and look at your account to see what balances are owed to you and when payments were made. If your caseworker isn’t serious about following through, the money is still owed to you. I’m curious over the amount… A small arears is less likely to go to court v/s a larger amount. One good thing about CSE, if there is an arears when your ex files his taxes, you will get that amount from the IRS and it would be deducted from his refund. If he has paid regularly except for two weeks over the last six years… consiter yourself very lucky. I know that every little bit helps, but with an arears this close to tax time, you’ll get it soon enough. Let him lie to his employers… although technically, they are required to deduct the withholding total for the month, no matter what the employee says… with things going through CSE the money cannot go directly to you… it has to go through CSE.


#6

trbotina, Thanks for replying. Yes I am very blessed for what my kid does get, some kids don’t receive anything! The main problem I have is I know what Ex is doing with the money he takes away from her and it isn’t a good thing.

We have had the support agreement for over 9 years. He is over $30,000.00 in arrears. They do put what he doesn’t pay into arrears, it just keeps adding up.

He doesn’t do his taxes, because he has to pay in. (See my other post on the tax problem)

Vicky


#7

I will be in your shoes in a few years. With arears at 10000.00 in a two year agreement. One of the things that you will have to deal with on a personal level is the frustration of seeing your ex spend (both illegally obtained items as well as legal extravagances) while he (or she, in some cases) owes money in th support of the child/ren. Sucks… but the parent who is raising the kid/s and recieving support really can’t “do” anything. I am sorry you are having a bad experience with CSE. I do not know which county you are in. I am in Orange… I have a wonderful caseworker. Although I have had to call and say… ummm he’s not paid in over three months" a few times to get the ball rolling. Other than the missing amount, is your ex in compliance? Paying the amount plus the fraction of arrears? (LMAO… the arears amount in some cases is hillarious… 20.00 a month in mine) Is you’re ex’s arears incorperated into the CSE worksheet? If he is not in compliance with the court order your caseworker SHOULD take him to court on your behalf. I do not know what statistics they are spouting at you when you request this. And yes the cases are individual. I’ve been in and out of court for the last few years… sitting in the courtroom listening to the docet. I have seen smounts of 100.00 being brought before the judge.


#8

My Ex is a Brick Mason, he use to have his own business but for the last 5 years has been in and out of different jobs. So with him you never know how much he has worked in a week because of the weather or if he has changed jobs again or they just didn’t take the support out. So no its very rare that she gets a full months payment. His arrears is about $45.00 extra weekly.
It was actually my CS agents boss who I was talking to and she was spouting statistics that Davidson County has the highest amount recovered etc. I have a very hard time getting my agent to talk to me, if I do get her she just talks over me and won’t let me speak. I was told by the boss that she will not have a judge ask her ever again why they brought someone to court again. This has nothing to do with my case, it was ordered by a judge in July that my Ex was to pay $500.00 extra a month on certain days or an order for arrest would be issued. (He had been in jail for CS for 2 months, ran for 3, no CS for 7)
He really did good at first. But this is how he works for about 3 months. When he didn’t pay in October I waited awhile then asked for the warrant, the warrant went out when he didn’t show up in court for the review in December. It takes a month to even get it in the computers and at least 3 months for them to even get him into jail. I’m sorry this is so long!
My problem is that if they would just listen to me, I wouldn’t have a problem.

Vicky


#9

Yes it does take about a month after you report it to have it put on the docket. As far as having the warrent served, that is in the hands of the sheriff’s department. What I did when I had a problem with the warrant was call the sheriff’s department directly and asked them the status on service. The deputy has even called me to let me know service had been completed. I live in a different county than my ex so it was more complicated.

What are you trying to accomplish? Having a court date set for compliance? If he is not in conpliance I do not see why the caseworker would have an issue with putting you on the docket. It’s great you live in the county with the “highest amount recovered”, but I don’t see what that has to do with a request to enforce the law.

You say that there is a judgement where it specifically says that your ex is to pay X amount on X date and he has failed to do so? Then there should be an order for arrest issued by the court.

If your issue is with the caseworker/caseworker’s boss, I would suggest you talk to the department head and see if you can come to some kind of agreement as far as having a caseworker you can communicate with. If the department head is the one giving you issues now, then I suggest finding out who he/she answers to. Go into the office so you can speak to them directly… they’re less likely to blow you off. Have your facts handy and in an easy to understand format. I am blessed to have an outstanding caseworker.


#10

Bump Up

Vicky


#11

I do not know the answer to this question. I have been looking into it, but have been unable to find a definitive answer at this point. I am still researching.

As a practical matter, if Child Support Enforcement does not believe it is egregious enough to pursue, it may mean that even if you pursued it on your own, you would not receive any benefit from pursuing this matter. I believe, but have no confirmation at this point, that the company could face a fine because of this, but it would be paid to the state and not you directly. You may also have a problem proving they did this willfully and they may have a good reason for their failure to withhold, most company’s will not stop a withholding simply because an employee requests they do so.

Helena M. Nevicosi
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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#12

Thank You for replying Ms. Nevicosi
This is a small family company and they have employed my ex on and off for 15 years. His boss told me he didn’t withhold because my ex said he was taking Marissa Christmas shopping, which wasn’t true. Plus I have talked with his boss on a fee occasions and even told him about having to file a motion to join the employer when his previous employer would do the same thing. The second time they didn’t withhold the book keeper told me about it, this was before Christmas. It would be easy to prove because of the book keeping records. There is no reason that he can legally not take the child support out unless he is contacted by child support enforcement. The first time they didn’t withhold the book keeper told me about it, this was before Christmas. It would be easy to prove because of the book keeping records.

This is from General Statutes 110-136.8
(e) Prohibited conduct by payor; civil penalty. Notwithstanding any other provision of law, when a court finds, pursuant to a motion in the cause filed by the initiating party joining the payor as a third party defendant, with 30 days notice to answer the motion, that a payor has willfully refused to comply with the provisions of this section, such payor shall be ordered to commence withholding and shall be held liable to the initiating party for any amount which such payor should have withheld, except that such payor shall not be required to vary the normal pay or disbursement cycles in order to comply with these provisions.

A payor shall not discharge from employment, refuse to employ, or otherwise take disciplinary action against any obligor solely because of the withholding. When a court finds that a payor has taken any of these actions, the payor shall be liable for a civil penalty. For a first offense, the civil penalty shall be one hundred dollars ($100.00). For second and third offenses, the civil penalty shall be five hundred dollars ($500.00) and one thousand dollars ($1,000), respectively. Any payor who violates any provision of this paragraph shall be liable in a civil action for reasonable damages suffered by an obligor as a result of the violation, and an obligor discharged or demoted in violation of this paragraph shall be entitled to be reinstated to his former position. The statute of limitations for actions under this subsection shall be one year pursuant to G.S. 1#8209;54.

The clear proceeds of civil penalties provided for in this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C#8209;457.2.

Vicky


#13

Unfortunately, it does not appear you would get much out of this even if you pursued it on your own. Have you told your caseworker that you wanted this pursued?

Helena M. Nevicosi
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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#14

Ms. Nevicosi,
If you will read in the second paragraph, 5th line of the statutes that I posted it says the employer is responsible for payments he did not withhold. I know for sure of 2. I can prove it because they use a book keeper and she has already told me of this not withholding.
Also if you will re-read my first and other posts you will see that I have asked and even told my worker that I wanted this pursued. What I want to know is,if I ask CSE to do this, (if it is reasonable) do they have to do it? Or can I do this myself, because I am a CSE case?
I know how to do this myself, I have had to do it with other employers of his, but this was before I was with Child Support Enforcement.

Vicky


#15

You can enforce this on your own if you wish to do so.

Helena M. Nevicosi
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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#16

I have voluntary support agreement, court ordered withholding. I am going through child support enforcement in Davidson County. My first question is I found out that his employer didn’t withhold from 2 checks that I know of. Can I bring him into court for not withholding or does CSE have to do it? I did TRY to speak to my worker, I did talk to her boss who refused to do it. In the Statutes it says he is responsible plus I had told the employer several times not to listen to Ex.

Second question: If I ask my CS worker to do something such as this,does she have to listen to me? I have tried to explain how my Ex works but they refuse to listen to me. (I have only been with CSE for a year, did it myself before) The boss just keeps touting statistics and won’t treat my case as an individual case.
Thank You

Vicky