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annswers | Can the court find out the employer and garnish wages of a non-custodial parent who owes back child support? |
I'm asking this for a co-worker. The non-custodial parent has been unemployed for 2 years. Has worked for the last 6 months. Has not told the court, child enforcement, ex-spouse of new employment. No tax offset so far. The non-custodial parent barely makes enough to live on. Will the court garnish wages? Shouldn't the non-custodial parent just call the court house or child enforcement? That's what I told this person to do. Thank you.
Additional Details
Additional: Are you saying that the other parent (ex-spouse) needs to supply information about a new employer? |
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bostonianinmo
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Whenever a new employee starts with a company, most states require notice to the state. That is forwarded to both the state employment security department (to match with unemployment records) and to the child support enforcement agency.
Eventually the "system" can usually locate a deadbeat parent but if you have knowledge of where the deadbeat is working you may be able to speed up the process quite a bit.
Whether or not the court will order a garnishment will depend upon the circumstances. Most states limit the amount of pay that can be garnished even for back child support. If the deadbeat barely makes enough to survive on -- often using the STATE'S figures, not their own -- any garnishment order may be rather small. That won't stop the unpaid support from stacking up though and if he ever comes into a windfall it can be seized to cover any arrearages.
Unfortunately there is a class of deadbeats that will skip from one job to another as soon as a garnishment order catches up. There's nothing that you can do to stop that practice unfortunately. Your best bet is to keep the heat turned up on him (or her!) and hope that you wear them down before they wear you down. The one who perseveres will usually win though sadly that's usually the deadbeat from personal observation. |
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Cathleen L
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Yes they absolutely can. The court should have the non custodial parents social security number and all they have to do it run the social security number and they will know where that person works and if they feel he or she owes back child support? Yes they can automatically garnish his or her wages. My Ex tried to find a different job every 3 months just for the simple reason it would always take the courts up to 3 months to find him and garnish his wages. It took a while but they always caught him. They only way that they can get away with it is to find a job where they are paid under the table. Those jobs never pay much. Eventually it gets old for them to continue these games and they end up paying in the long run with penalties to boot on top of the back support. |
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M. V
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He should have called right away with his new employment. If it was a lower amount of pay that he usually had when the court order was established, he could have gotten it lowered. Since he declined to inform the courts, that probably won't fly now.
He is being a deadbeat parent. I should hope they offset his (or her) taxes AND garnish his wages. He should have contacted them immediately. Regardless of whether he doesn't make enough to 'live on' he has an obligation to that child.
If he worked it out with the child support recovery, it might even have been quicker to get taken care of.
I haven't raised my ex's child support in 11 years. He pays 140 a month. He does however chip in when help is needed, and if there are extra expenses. I probably wouldn't be as kind to him if he was trying to hold out paying me the child support that is legally owed to me. |
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Theresa
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depends on the state, some make it the parent's responsibility to find out all that information. |
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notaperviemusculargent
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You should tell your co-worker to work out a deal with her ex. If he's two years behind, there's no way he can get caught back up. DCSE will steal, steal, steal his wages: the lawyers are VERY corrupt. They make the "guidelines" so very high so that the States can get more Federal funding. DCSE will steal his wages, his car, his license to drive. He won't be able to work and wind up in a homeless shelter. He'll finally reach the end of his rope and either murder his ex or flee the country. And the press, bureaurats, shrinks, politicians and socialist workers will lie about "deadbeat Dads". The truth is, less than 5% of fathers will not help the ex. So long as they are given visitation and the ex-wife works with the ex-husband to meet halfway in bringing the children to the Dad and other amicable doings, the Dad will help his family, let's face it. Work out a deal. Communicate: "If you help us with unexpected bills, I'll withdraw my request for child support". Tensions, hate and misunderstandings will wither away. The lie about "deadbeat Dads" has been bellowed up by the press and self-serving politicians to criminalize fathers. You do not set up a middleman to take child support payments. Studies are now showing that custodial parents only use 1/4 to 1/3 of the money the non-custodial parent is being forced to provide. The "guidelines" - set by greedy lawyers and bureaurats are unrealistically high.
The best way is for mothers to think about the children. Every family needs a father as well as well as a mother. So work for a reconciliation. Say "I will bring the children to you often just as I know you want to visit often". If that doesn't work, remove No Trespass notices; stop bad-mouthing the father; don't allow feminazi socialist workers in to the house to bad-mouth the father to the children; and work to pass legislation that socialist workers are liable to lawsuit. Now, they can invade your home, violate your privacy, steal your children, all on a made up lie of "I suspected there might be child abuse or wife battering". |
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Celeste
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Absolutely.
Every state has a New Hire Directory in place. The directory collects information from employers and submits them to a database, which is then also submitted to the federal government. Child support enforcement and the federal government can step in once they know where he's working.
The New Hire program was set up to catch dead-beat parents who are not paying their court-ordered child support.
When you become employed you fill out a W-4 form. This form or an equivalent alternative is faxed, mailed or submitted online to the state's new hire directory. Under federal law every employer is required to do this. Some states evan penalize employers for not reporting.
You should read up on how this program works for your state.
Tax offset can only happen if they're owed a refund.
Garnishment can happen. So it would be better to make a payment of some kind very soon. |
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myeasha j
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It depends on how much he owes. You could call 1-800-304-3107 to see if he has an offset. |
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Beeg Juan
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Never hurts to try. |
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stevexnelson
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Yes. The court can garnish the wages of a non-custodial parent to pay child support.
I'm assuming that you and your friend do not live in Texas. In Texas, if you become more than five months delinquent in making child support payments, the judges usually throw you in jail for a while.
Also, what your friend owes in child support never disappears until it is paid off. You can't even get out of paying child support if you declare bankruptcy. (I have a friend who's still paying back child support on a daughter who's in her thirties. This was in Texas and the judge basically told him you better start making payments or you're going to jail.)
You can ask the judge to lower your child support, but judges aren't that sympathetic. I think the judge would respond that your friend should get a better job or should get a second job.
Good luck. |
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H F
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Typically, the employer is responsible to report to a New Hire Registry when a new employee starts working--this is federal law.
Non-custodial deadbeats are simply a difficult place to get money, they can skip from job to job, sometimes the employer is lax at reporting. Furthermore, the process takes some time, and leaves the deadbeat with a minimal amount of funds before garnishing the balance of the paycheck.
I did payroll and garnished for a deadbeat. The law left him with $150/week of living expenses and he simply didn't work much more than that level. However, this amount accrues, and if he ever does make decent money, he will be garnished for it.
It is a tough situation to get the money, and can take a lot of work if the deadbeat simply refuses to work.
If your friend knows where the deadbeat works, your friend should work with the state recovery system, as the deadbeat's employer may not have reported. Assuming the employer did report properly to the new hire registry and withhold properly, the deadbeat is likely not earning enough to be garnished.
If the deadbeat's employer is at fault (for not reporting the hiring of the deadbeat), funds may be able to be recovered from the deadbeat's employer, but that is a difficult process, also. |
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