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Can You Sue Your Employer for Failing to Obey an Income Withholding Order

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  • 01-13-2017, 09:03 PM
    lawfacts
    Can You Sue Your Employer for Failing to Obey an Income Withholding Order
    A man in Massachusetts was ordered to pay child support, and an income withholding order was entered. His pay is variable, but the order provided for how his employer was to deduct child support from his wages. The employer did not properly apply the order, resulting in the Department of Revenue levying against his assets in the amount of newly accrued arrears plus an arrears balance that he was supposed to be paying down. The employer blames its payroll company for the mistake, and the payroll company blames the employer. Can the man sue his employer for the stress that the resulting financial crisis caused to his family?
  • 01-14-2017, 09:52 AM
    Mr. Knowitall
    Re: Can You Sue Your Employer for Failing to Obey an Income Withholding Order
    When an employer fails to obey a garnishment order, the payee (the person receiving child support) can potentially seek to have the employer held in contempt and forced to pay the money that should have been withheld. But I am not aware of any state that would allow a lawsuit by the employees. The employee should be paying attention to his wages and the deductions from his wages, and if deductions aren't made the money ends up in the employee's pocket such that there's not a financial loss to the employee. Also, the MDOR should have provided a notice to the employee of the default before it took further action against the employee's assets, giving the employee a chance to correct the problem. The employee can discuss his options with a local lawyer.
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