Wages were garnished, but child support payments were never made

By |2022-04-06T12:58:13+00:0004 May 2012|Categories: Child Support, Garnished Wages|

Wages were garnished, but child support payments were never made

People in Orange County who pay child support may already have enough to deal with. Making the payments in full and on time are very important aspects of the system. Some people have the child support taken directly out of their paychecks, which is referred to as garnishing wages. But even a person who has this money automatically subtracted from their paychecks may get into trouble for unpaid child support.

When the money is taken out of a paycheck by an employer, that employer is supposed to then pass the money along to the state. This is not a fool-proof process, though. Although rare, it is possible that these payments are never passed on by the company for whatever reason. Unbeknownst to the parent, it would appear to the state as if he or she was not making the payments.

One Sacramento man learned this the hard way after discovering that his employer was taking the child support from his paychecks, but was not paying that money to the state. Although it was not his fault, he is suffering the consequences. His license has been suspended several times for missing payments, the state is after him, and his relationship with his child and her mother has been strained.

Several other employees at this same company have run into the same issue. Legally, the companies who fail to pass along the payments could face fines and, in some cases, jail time. But still, if the company continues to fail to make the payments, the employee would be responsible for paying the amount again, plus interest.

Obviously, parents want to make sure that the child support payments they make are going directly to the care of their child. However, it might be a good idea to make sure that the wages that are subtracted from a paycheck are, in fact, reaching the proper recipient. If there is some error being made, that parent can be held responsible for the penalties incurred for missing payments.

Source: CBS Sacramento, “My Employer Didn’t Forward My Child Support Payments,” Kurtis Ming, May 3, 2012

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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