What Can I Do if My Employer Didn't Pay My Garnished Child Support

**Kaos** · 12-03-2010, 03:28 PM

My question involves employment and labor law for the state of: North Carolina

I was employed by a company and I have a court ordered child support that is to be garnished from my weekly payroll check and sent to the state. The money was taken out of each check for the past 1 and 1/2 years. I have quit and trying to pay now on my own and I find out the company has missed over 11 payments and I'm now behind according to the state and action is required (such as suspension of driver licenses). What can I do? This employer is not a nice man to me, and I don't think he will pay me. I know the child support is my problem, but what about the money he garnished from my checks?

**PattyPA** · 12-03-2010, 04:59 PM

He can't pay you. He is in violation of the order by not remitting the deductions from your pay to the state. Do you have paystubs where you can show the state that the deductions were made from your pay?

**Kaos** · 12-04-2010, 09:12 AM

Not all the stubs but I do have some. I would have never thought this was the case or I'd need them for this. The accountant has copies of all stubs if I request does he have to provide? Do I need a lawyer? Do I sue or how is the best way to proceed forward? I was going to write an email informing the company about the missed payment but not sure what to do.

**PattyPA** · 12-04-2010, 11:50 AM

In North Carolina, no, the employer does not have to provide duplicate pay stubs. Take the ones you have; if you have the most recent stub and it has year-to-date information on it, that should suffice. Call the Child Support Enforcement office and ask what you need to do.

The company probably knows already. If the CSE office or court has not received payments for several weeks/pay periods, they would have contacted the company to find out why. I would, however, send a certified, return receipt requested letter to the company detailing your dilemma. Just to cover your tail.