Employer Not Sending Payments

[dawndawn]

My question involves child support in the State of: Texas

My ex husband has had wages garnished weekly for the past 4 years. He gets paid on Friday, and by the following Wednesday, it's in my OAG account. However, for the past 6 months, he has had a new payroll lady. I rarely get payments on time anymore. Ex says that the payments were taken out every Friday, every week. There are times where I get nothing for several weeks, then a couple, then nothing. It makes it difficult to keep up with what I am owed. At this moment, I am missing a payment from the end of March, and one from the middle of April. I requested that the OAG look into this, but of course it takes several weeks for them to answer me back.When he called his company, she said that there are a few different people in the office who handle the child support so it's not just on her, but she will make sure everything is settled by the end of the week. Well, that was 2 weeks ago, and I am still missing those 2 payments. A few times he has called, the issue just gets pushed around from supervisor to supervisor, and finally gets sent back to payroll where she insists she will check on it...then he can't get in touch with her for days.

what is the actual law? I read that if the company has over 250 (?) employees, that they must electronically submit payment to the OAG office within 2 days. I am not sure how many employees there are. What is the law for a smaller company? If I could actually let my ex husband know what the law is, he could let them know and perhaps light a fire under them to get this situated. I would feel differently if my ex was having a hard time paying, however this stranger is holding my children's money for no reason and I don't appreciate it!

[Mr. Knowitall]

The statutes are here, Texas Family Code, Chpt. 158. See esp. Subchapter C, Sec. 158.201 et seq.

(a) The employer shall remit the amount to be withheld to the person or office named in the order or writ on each pay date. The payment must include the date on which the withholding occurred.

(b) An employer with 50 or more employees shall remit a payment required under this section by electronic funds transfer or electronic data interchange not later than the second business day after the pay date.

(b-1) An employer with fewer than 50 employees may remit a payment required under this section by electronic funds transfer or electronic data interchange. A payment remitted by the employer electronically must be remitted not later than the date specified by Subsection (b).

(c) The employer shall include with each payment transmitted:

(1) the number assigned by the Title IV-D agency, if available, and the county identification number, if available;

(2) the name of the county or the county's federal information processing standard code;

(3) the cause number of the suit under which withholding is required;

(4) the payor's name and social security number; and

(5) the payee's name and, if available, social security number, unless the payment is transmitted by electronic funds transfer.

(d) In a case in which an obligor's income is subject to withholding, the employer shall remit the payment of child support directly to a local registry, the Title IV-D agency, or to the state disbursement unit.

(a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates the provisions of this chapter may be subject to a fine not to exceed $200 for each occurrence in which the employer fails to:

(1) withhold income for child support as instructed in an order or writ issued under this chapter; or

(2) remit withheld income within the time required by Section 158.203 to the payee identified in the order or writ or to the state disbursement unit.

(b) A fine recovered under this section shall be paid to the county in which the obligee resides and shall be used by the county to improve child support services.

[dawndawn]

Thanks for that information. I found out that he has more than 50 people in his company. I called the Attorney General *again* for even more clarification as to what they are going to do. The guy said that they are actually unable to contact the company directly unless payments completely stop, and that he wasn't aware of any law that said they had to send it in within 2 days. He also said that as long as the monthly amount gets to them, that's all that matters (as far as he, the one guy, knows.) The payroll lady is still beating around the bush, not answering, etc.
Where do I go from here? If payroll won't do anything, the company won't do anything, my ex can't do anything but constantly call and beg her for these 2 payments...do I seriously have to go hire an attorney that will cost way more than what my 2 payments are just so I can be sure it happens?

[dawndawn]

Does anyone know what steps I should take next??

[tbutler]

send them the time frame required by law, which should be in your IWO, underline it. Remind them that you are missing two payments and tell them if they do not follow the IWO that you will have no choice but to file a petition in court against them and get your payments that way. You don't need to hire an attorney to do it. Ready thru some old court documents and write up your own petition to the court. Maybe your former letter to the employer will be enough to get a fire lite under them to cough up the two payments they have neglected to send in. If you ex. can prove it was taken out of his checks and they kept the money , they are not gonna want the judge finding this out.