Employer Not Garnishing Child Support as Court Ordered.

My only suggestion is to do what you need to do where you no longer 'desperately need' that money!

~On the flip side, you state that you have been dealing with this for 8 years and that there is nothing that can be done until he becomes late on his payments? Right? Well, to me, that states he has yet to be late on his payments...if that is the case why are you so upset? You are not the one that has to call every month and remind the employer, that is CSR job, so let them do it and relax!

There are TONS of woman and children who *actually* have problems getting the money and see none of it, EVER! So lets try to put things in perspective here!

If it is a court ordered garnishment, the first day the payment is late, sue the employer. That should get their attention.

My friend had this happen and the Department of Revenue took care of it. The money comes directly from them because the company has to put the money in an account every week...
It's amazing how fast that money shows up when the DOR is involved.
LBC

Find a way to let go of the expectation that the employer will do this the right way. You cannot change it. Yes, it's inconvenient but you'll only have peace if you accept it.

Try to get a little bit ahead with your finances so that when the payment doesn't come in as expected you won't be stressed. Or accept that it will be late and stop trying to change it.

At least the Registry is the one who has to make the phone call every month.

I do wonder why your attorney can't go to court and ask that the employer be declared in contempt. Perhaps it's too expensive to do so?

In Texas, if you don't pay, they send a nice little nastygram to the employer and let them know if they don't, they'll fine them. And we're talking like $25K.

Do you guys have an attorney general that you can go through?

Also, I'd call every single month...like clockwork. And I'd call the employer too. And anyone else the employer had dealings with. It's how I got my son's child support....

Sending good thoughts your way.

in virginia we have DCSE. it is federal programs that mandate child support...so colorado has to have a state child support agency take ur paperwork to them.my husbands employer only has 5 employees and she can never get hte payments in on time. every payday she fails to send in his payment. so by the end of the year as she tried to play catch up, she had overpaid DCSE by 600$. now she denies that even tho we have 2 end of the year statements that prove her worng.
Luckily DCSE here who takes over ALL support cases is handling it. I had to prove the difference and they are now suing the employer. only took 2 weeks.
There are horror stories getting the state support agencies involved, and they wont aways side with who is getting the money but it is their job to be impartial.
call a differing lawyer too. here is the colorado state child support agency and in one week they will solve your problem. they enforce court orders asap.https://childsupport.state.co.us/siteuser/do/vfs/Frag?fil...

I agree with GrammaRocks. In California, employers don't want to mess around with Child Support Enforcement when it comes to wage garnishments. They are responsible for getting the payments in and notifying the Child Support Division if the employee is working less hours, etc.

At least here, child support isn't considered late as long as it's paid on the last day of the month. It then gets processed by the "registry" which can take a few days. As long as the support is being paid within the month, regardless of when you receive it, the employer isn't late and is adhering to the order.

Another thing to consider is that you may want your child support on the first of the month or by a certain day, but the employer can only deduct support from actual earnings. The employer isn't obligated to write you out a check on a certain day. The money is deducted from payroll. They can't send you what he hasn't earned yet. And, I believe, they can only take a certain percentage at a time. I'm a little surprised that the employer would even be contacted if there have been no arrearages in 8 years.

I'm a single mom. I've had support orders that I learned early on I couldn't count on. Yes, I needed that money, but I worked to take care of my kids and child support was icing on the cake. I couldn't worry that I wouldn't be able to pay my bills on time if I didn't get child support by a certain day. Or EVER.

I don't mean any offense, and I know all to well how frustrating it can be, but it doesn't sound like the employer is in violation of the orders. They may be jerks and wait til the last minute, especially if they are being bugged throughout the month for 8 years, but it sounds like you are getting child support each month. That's no too bad.

Just my opinion.
Best wishes.

Getting away with this for eight years sounds kind of fishy to me. I think all the answers are good: keep track every month and definitely keep child Support registry updated. I have a hunch they must be very backlogged. And get a specific due date. It might cost you to go to court again, but well worth it. And if you have to because you aren't always able to keep up, go get some public assistance to tide you over.And explain why. From what I hear they do not take to these sorts of things lightly.

It must be different in CA, they don't call to "remind" the employer, but after so many times of it not being sent within the month they will fine the employer ~ I know this because a friend of mine works in her families' auto glass shop and handles the garnishments.

And, technically, it isn't your daughter's father with the problem, it is his employer. And as long as the employer gets it in by the last day of the month he is actually cooperating with the order. If a lawyer said there's nothing you can do until he falls behind on the payments that really is your answer, so sorry, C..

In Ohio a court order has to be followed... we use to take out an amount out of each weeks pay & send it to the Ohio Child Support Bureau who then sent it to the parent. We had about 50-100 guys at any given time that has child support removed from from their weekly pay... we had a spread sheet that went with our check which we had the guys name, SS#, Child support case #, amount due & amount paid (since by law only a max % of the wages can be held). We had a max of 14 days from the withdrawl date (guys' payday) to send the check to the Support Bureau or as a company we could be fined.

And yes we got many calls if something happened and we didn't mail the check the Friday the guys got paid for whatever reason, cause the ladies that got the support knew they should have their check usually on Wednesday of the following week.

Their should be something that can be done... but I don't know how you would go after the company he works for to get them to hurry up with the check. But it is their job to get the bill paid just like they have to pay their suppliers... and honestly it's not any harder to write your check then it is to pay the phone bill. So, someone is dropping the ball - try to make them pick it up and play right.

Keep record and when he falls behind take him back to court and tell the judge what has been going on. This is a court order and can get the employer in a lot of trouble.

Look up the employer on google. See if he is contributing to someone's campaign. It sees so strange he gets away with it.

I can say for your state but here in DE, the parent paying support is fully aware that if the employer isn't sending payments they have to and if they are withholding payment but not sending it, he should want to take care of it because he is out the money and still owes it to CS. The other thing is that family court/div of child support sends the employer the notification not the other parents attorney...maybe that has something to do with why they are dragging their feet. There should also be verbiage as to the employer's responsibility for submitting the payments or they too can be in trouble. I know that here, they take the monthly payment and multiple by 12 to get the yearly amount. Then they divide by 52 if they are paid weekly 26 if they are paid bi-weekly. It should be deducted from each paycheck and submitted in a reasonble time after the withholding (after the paychecks are issued). Where I used to process payroll, I processed on Tuesday for Friday payroll. I typically have the info to our AP department by Tuesday or Wednesday (before the paychecks went out on Friday for sure). They in turn had the checks out within a week (or less).

Since you have an attorney, why not ask him what the law if regarding the employer withholding each payperiod and sending as withheld rather than waiting til the end of the month, about notification from the court, and reminding the father of his responsibilities until his employer takes action.

So much of this just doesn't make any sense...
- Shouldn't you be dealing with Child Support Enforcement, or is Child Support Registry a division of CSE?
- In all states that I know of, the state sends out the garnishment documents, not an attorney
- If the payments aren't being made on a timely basis, then "he has fallen behind on payments" (whatever that means), so your atty can do something
- Things like this do happen occassionally for a short period of time, but not for 8 years
- If CO law says the payment needs to be made within 7 days of withholding it from the payroll check, then why would CSR being sending a letter that payments need to be in before the end of the month?

Suggestions.... Do some research. Contact the court. Check out this website for your state https://childsupport.state.co.us/siteuser/do/vfs/Frag?fil...