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| | The non-custodial parent's employer is not honoring my wage withholding agreement. |
Under Federal law, an employer must withhold the support if ordered to, or if the non-custodial parent requests it. If the employer refuses to honor your wage withholding, then they can be held liable for the full amount as it accumulates, plus fines, for failure to withhold the child support.
If you are having trouble getting the non-custodial parent's employer to honor your wage withholding, you should contact your attorney to assist you in enforcing the order.
The attorney ,may first contact the employer by phone or letter to alert them of their legal obligation to withhold and transmit the money. If the employer does not respond by either sending the money or raising a valid defense, then the attorney may proceed to file an action against the employer. The employer would have to appear in court and show a judge or hearing officer why they shouldn't be held responsible for the money, and possibly fined for failure to comply with the wage withholding.
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