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  1. #1
    Join Date
    Apr 2014
    Posts
    5

    Default Profit Sharing Checks Withheld for Employees With Child Support Orders

    My question involves employment and labor law for the state of: iowa
    my employer is issuing our profit sharing checks for the year and this year those of us who pay child support or have had a garnishment on our regular pay checks got told today that they were holding our profit sharing checks until they check with child support the courts and the state... is this even legal???

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can an Employer Hold a Check Just Because You Pay Child Support

    Quote Quoting scrat
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    My question involves employment and labor law for the state of: iowa
    my employer is issuing our profit sharing checks for the year and this year those of us who pay child support or have had a garnishment on our regular pay checks got told today that they were holding our profit sharing checks until they check with child support the courts and the state... is this even legal???
    Your employer is trying to keep themselves out of legal trouble by making sure that they are not supposed to be garnishing your profit sharing checks as well as your regular paychecks. They really should have done it sooner, but I don't think its illegal.

  3. #3
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Can an Employer Hold a Check Just Because You Pay Child Support

    Several different issues here.
    - Court orders tend to be loosely enough worded to include all earnings, such as profit sharing.
    - CS orders are generally a fixed amount. If the CS order(s) up until this point are fully withheld, then there would be no more withholding due because of an increase in earnings.
    - CG orders on the other hand tend to be 25% of DW, meaning increase wages, you increase DW, and increase the withholding.
    - Agreed with the other comment, that it maybe makes sense contacting the courts, but waiting does not make sense. It should have been done already.
    - HOWEVER, in most states, paying checks late, especially once with a plausible reason (which this is) is legally not a big deal. I am not expert in your state's payment laws, but in most states, the late payment would not legally be a big deal. Something no employee likes hearing.

  4. #4
    Join Date
    Apr 2014
    Posts
    5

    Default Re: Can an Employer Hold a Check Just Because You Pay Child Support

    thanks guys it's just really irritating the way they went about it and how they have handled it since they started it

  5. #5
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Can an Employer Hold a Check Just Because You Pay Child Support

    For whatever it is worth, there are a lot of payroll people who are not all that good at withholding orders, and there are a lot of bosses that know little or nothing about the subject.

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