Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2006
    Location
    Toledo, OH
    Posts
    126

    Unhappy Income Withholding Order Served On An Employer

    My ex is self-employed....Michigan has served his "employer" (one of his main sources of income) an Income Withholding Order. Does the company have to honor this since he is not an employee but a "sub contractor"?
    A couple of years ago they tried this and it was returned by the company stating that he is not an employee. BUT, the AG office is saying that if they write him checks for work that he has done - even if they don't pull out taxes that technically he is an employee of that company. I am confused on how this works and that it didn't work before.
    Also, in this Order, his child support was increased. I am gathering that this is because of the AG's office because I had inquired and filled out paper work for a felony warrant. (Over $18,000 in arrears and does not pay regularly) Initially he was ordered $591.55 per month with $100 going toward the arrearages a few years ago. This past year is attorney got the support lowered to $400 per month with $50 toward the arrearages. (without FOC recommendation) - Now this Income Withholding Order is put into place with an increase from the $350 per month ($330 support, $20 medical) to $633 with $298 toward the arrearages plus cash medical and past due making the new total $986.60 per month. How is this done and determined? I was not aware of ant of this until I received the paper work and I am wondering if this is because of the contact with the AG's office.
    I know that his attorney will fight this and will have it lowered (again).
    And I am not holding breath on seeing a dime of it anyways -

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Income Withholding Order Served On An Employer

    I agree with the AG's office. (I don't know what happened last time.) The employer/"payer of income" has to obey the order unless they are released from obeying it by the issuing court. If they decide to violate the order, they can be held accountable for the funds they failed to withhold purusant to the order.

    If there was no adjustment of support associated with the changed amount in the income withholding order, they probably got figures on your ex's income and adjusted the amounts based upon what they can permissibly garnish from his check to cover his current balance and contribute toward his arrearages.

  3. #3
    Join Date
    Mar 2006
    Location
    Toledo, OH
    Posts
    126

    Default Re: Income Withholding Order Served On An Employer

    Everytime an Income Withholding Order has been done on the ex's primary source of income - the paperwork was returned back to the courts claiming that he was not an employee but a "contractor". And the courts did not pursue anything after that.

    I was surprised to see the Order and the adjusted amounts. I know that in the past he has not cooperated with the FOC in their investigation of his income. I know that he can't provide tax returns because he does not file and he claims that his income is considerably lower than it was in 2003. Which I find hard to believe when he is charging over double of what his hourly wage was then.

    I believe that my filing out the paper work for the felony warrant (which I am not sure will be granted or not) and inquirying about it has gotten the Income Withholding Order with the adjusted amounts. It is a wait and see game to see if the judge with change the figures because I am certain that his attorney will argue this.

    He pays when convenient for him to keep him out of trouble. I just don't he understands the meaning behind having to pay the support.....

    Thanks

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Ex-Wife Served "Faked" Court Order for 401k QDRO Division to My Employer
    By td76 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-23-2011, 08:50 AM
  2. Employer Withholding Pay
    By Softtouch in forum Employment and Labor
    Replies: 3
    Last Post: 08-01-2010, 12:53 AM
  3. Compensation and Overtime: Former Employer Withholding Wages
    By Withheld wages in forum Employment and Labor
    Replies: 1
    Last Post: 08-16-2009, 07:21 PM
  4. NCP Motion to Reduce Income Withholding
    By ma38 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-29-2007, 11:24 AM
  5. Compensation and Overtime: Employer Withholding My Pay
    By SthrnSqrl in forum Employment and Labor
    Replies: 10
    Last Post: 04-27-2007, 07:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources