What Happens if an Employer Does Not Deduct the Income Withholding Order From an Employee’s Pay?

Being a single parent is hard enough without having to worry about when child support payments will make their way to you. When there is an income withholding order through your child’s other parent’s employer, it seems safe to assume that you will receive the support payment in a prompt manner. Unfortunately, this is not always the case. If you are experiencing this, you probably wonder what route to take in order to correct the situation. You are also wondering who is responsible for resolving it.

The answer is both the employer and the other parent. It is the employer’s responsibility to deduct and send the child support payment due, but if this is not happening, it is the employee’s (other parent’s) obligation to contact the employer to ensure that the child support withholding order is handled appropriately. The employer will be held liable for missing the payment in addition to other costs incurred, such as: interest and attorney’s fees. The employer may also face civil penalties of up to $250 for the first violation, and up to $500 for each additional violation.

If you find yourself in this situation, you will want to seek the advice of an experienced attorney in order to find the best solution for you. A good attorney will be able to find the best approach to help you.

This post was written by David Hurvitz. Follow David on Google+.