Wage Garnishment


#1

A separate wage withholding order must be prepared and sent to your ex


#2

Although my child support orders is handled by CSE, I have continually had this problem due to his changing jobs so frequently. It takes months for CSE to get an order out to the new employer.

The last time this happened, I called my ex’s HR department and found the person in charge of garnishment orders. She had never received anything for him, but said she would have it entered in time for the next payroll if I could fax it to her that day.

I went to the child support office and asked to see my case worker. I handed her the name, telephone # and fax # of the person in his HR deparment and said I would not leave until she faxed a withholding order to his HR department.

Guess what - withholding occured in the next payroll - for the entire amount of child support and the entire amount of arrears he was ordered to pay monthly - for the first time ever !!!


#3

Thanks for the info…

This definitely gives me some options to look into.

One additional twist in my situation is I think my husband owns this company and is not just an employee (although he keeps denying it). However, his last name is the same as the company’s. Plus, they have an internal payroll department and I think he may be manipulating his garnishment.

My question is can I legally call his payroll person and make an inquiry since my case is handled through the Clerk of Court and I don’t have a CSE person to go to on this?


#4

I don’t think there is an issue with your calling HR as long as you are not harassing or otherwise nasty with them.

When I called, I simply stated that the order had been mailed on several occassions (according to CSE) and that I wondered if maybe it was not going to the correct address. I then asked if I could have the correct address that it should be mailed to. I was then transferred to their corporate office.

I work for a payroll company and we have custodial parents call all the time about garnishments.

If his company is impeding the garnishment, then the company can be liable for paying the amount that should have been withheld. The problem is proving that they received the order and intentionally did not withhold.

I would imagine there has to be a way that the garnishment order can be sent via certified mail so you can document that it was received. Maybe somone else on the board has experience they can share?


#5

Recently my daughter’s child support was set up as a wage garnishment through my county’s clerk of court office. Meaning it is being garnished out of my ex’s paycheck. However, it has been two months since the wage garnishment was setup and there has been no child support payments received.

Clerk of Court’s office says it has been setup but they cannot make him pay it if it is not being received by their office from his payroll people.

Does anyone have experience with this and who do i contact to be sure the wage garnishment is being done?

This is so frustrating any help will be much appreciated?