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Topic: OPINION.....
willy_cents's photo
Mon 06/16/08 06:42 PM

see i disagree... its not beyond his control. he can ask his boss... hey...did you send my support in?????


I respect your disagreement, however, there is no way he can force his boss to send in the correct amount anymore than you can force your employer to send in your ss and withholding tax. The burden is relieved from the employee when the boss with holds the $$$ and then falls upon the employer to fulfill the court order. In Wyo, trust melaugh laugh laugh

duckiegiggles's photo
Mon 06/16/08 06:46 PM
Edited by duckiegiggles on Mon 06/16/08 06:47 PM
my ex'es boss did this
it is up to the "dad" to make sure it is taken out it is his responsabilty
the boss can how ever be charged with contemp(?
) of court seeing how he is not following a court order...
this is in Pa not sure if it goes for where you are though

duckiegiggles's photo
Mon 06/16/08 06:51 PM
does your son live with him for more then 6 months out of the year if not then he can not claim him on his taxes

MsCarmen's photo
Mon 06/16/08 06:59 PM
Okay this is one situation where I completely feel sorry for your friend--sort of. My reasons, I worked for the NYS Child Support Agency and I heard this excuse used before. Not that I am saying your friend is lying but it's an excuse that has been used before.

First thing, if the check stubs are showing to have the money taken out, then he needs to either take them to his local CSA and have them make copies and investigate the account. It doesn't mean that he will get credit because in all actuality, they still haven't received the money, but that is up to the judge to make that decision.

Second thing, the CSA will send a notice to the employer stating that they have been notified of the money being taken out of your friends check and that they have been court ordered to send this money. They will also be notified that if they do not comply with this order that they will be fined $500 for the first offense and $1,000 for every offense after that.

When an order is sent to an employee to deduct c/s or medical out of the NCP's check, the employer is entitled to do it according to their pay schedule. In other words, if you are to receive the support once a week, and your ex gets paid every 2 weeks, the employer has the right to wait and take both weekly payments out of that two week check. It's just one of the many exceptions that child support allows an employer.

My final advice to you is to tell your ex he needs to tell his boss to get on the ball and start sending those payments, or just start sending the payments himself until he can get the issues straightened out. Because even if the boss starts sending the money, and there is extra money on the account, you are only going to get what is ordered by the courts, unless there are arrears and if that is the case, then the arrearage amount is all you will receive. All extra will remain on the account until the child turns of age, or unless the NCP sends in a request to have that money refunded and if he does that, he will get all the money except for one c/s payment. They always leave one extra just in case a payment is missed.

MsCarmen's photo
Mon 06/16/08 07:00 PM
Edited by MsCarmen on Mon 06/16/08 07:01 PM
oops double post flowerforyou flowerforyou

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