Need legal advice

Xplicitlnck

Xplicitlnck

Well-Known Member
Jan 2, 2012
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Long island ny
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I've tried calling lawyers to get options but they won't even talk to me without me throwing thousands at them which I don't have because of the situation that I'm in
This has to do with child support in new York.
Started working for a new company called up child support office and told them about my new company as I'm required by law so that they can inform the company to garnish my wages. Ok fine all is good with that. This was 9 weeks ago (up till this point I'm in good standing owning 0$) so they the company starts garnishing my wages at the appropriate amount of 302 a week. Good. This is how is suppose to be. Usually out takes a week or 2 to get the paperwork in order and the first payment to be sent an credited. I'm still good with that. It's 9 weeks later and still no money has been sent in. Mind you that every week you miss payment the state sends another letter to your company to garnish more money from your check ontop of the original 302. I'm up to 806$ out of my check a week leaving me with 200$ a week, the company has upwards of 4500$ in garnished wages I'm 2400 in backed child support,the other 2100 owed to me , having my license being suspended, and ontop of all that child support sends a negative inquiry to your credit. I've had perfect credit up until this. Never ever missed any payments. I called the child support office and told them and there response was we will send a letter and if they don't response in 20 days they will get a 500 $ fine. And if they still don't pay we will send another letter and if they don't pay they get a 1000$fine and so on. I called my employer and she in short she told me to go f myself and said it's not her problem I need to pay child support. My daughters mother called her and the ***** actually made her cry.
Now I have to petition the order take another day off of work to go see a judge on the date that they give me poetically about a month away. Prove to him I've been doing my part and hope they don't suspend my license while I'm waiting for my court date.
Any advice?
And no I can't quite and go to another job because I have to call child support and tell them about my new job and they will just send them a new garnish amount that will be equal to the amount I'm paying now.
 
There must be an advocate or agency you can discuss this with. Put a fork in it immediately before it spirals out of control! Sorry you have to deal with this crap Jonathan.
 
Does your new company have a HR dept.? If so, talk to them about the situation. Your employer must take out the garnishment and pay it.
As a employer, it is a real PITA for me. Keep all of your check stubs showing that they have deducted it and you will be in the clear when you have to go see the judge.
 
Man....sorry to hear about this...

When you say "suspend your license", can I ask what license are you talking about? Do you have an association or union that might help regarding employer matters?

The woman that is giving you a hard time, is she an owner or just employee? You're not to specific regarding the company and more detail would help.

Also, there is a website for divorced dads, and even though you don't state if you're divorced or not, I'm sure these guys would happily offer assistance...

I googled it for you and came up with these, though I don't remember which one I was actually thinking about.

http://forum.mensdivorce.com/

https://www.mgtow.com/

http://dadsrights.org/

Actually, I don't think I found the forum I was thinking of, but perhaps one of these others can help you.
 
First, I am surprised that you can't find a domestic relations atty to take your money and help you out. Of course , they are going to charge you hourly and probably require a retainer but that should get you represented.
Second, it's a little unclear to me but you're saying your employer is withholding the money from your pay but not sending it in?? Well where is it? They just keeping it? I can't imagine why your employer is screwing a new employee. Surely there is an explanation. Are they still "processing" it? There has to be someone at your work that you can go to.
If not, go to the judge! Explain the situation and see if the judge will issue an order forcing your employer to release the money immediately.
 
Xplicitlnck said:
I've tried calling lawyers to get options but they won't even talk to me without me throwing thousands at them which I don't have because of the situation that I'm in
This has to do with child support in new York.
Started working for a new company called up child support office and told them about my new company as I'm required by law so that they can inform the company to garnish my wages. Ok fine all is good with that. This was 9 weeks ago (up till this point I'm in good standing owning 0$) so they the company starts garnishing my wages at the appropriate amount of 302 a week. Good. This is how is suppose to be. Usually out takes a week or 2 to get the paperwork in order and the first payment to be sent an credited. I'm still good with that. It's 9 weeks later and still no money has been sent in. Mind you that every week you miss payment the state sends another letter to your company to garnish more money from your check ontop of the original 302. I'm up to 806$ out of my check a week leaving me with 200$ a week, the company has upwards of 4500$ in garnished wages I'm 2400 in backed child support,the other 2100 owed to me , having my license being suspended, and ontop of all that child support sends a negative inquiry to your credit. I've had perfect credit up until this. Never ever missed any payments. I called the child support office and told them and there response was we will send a letter and if they don't response in 20 days they will get a 500 $ fine. And if they still don't pay we will send another letter and if they don't pay they get a 1000$fine and so on. I called my employer and she in short she told me to go f myself and said it's not her problem I need to pay child support. My daughters mother called her and the ***** actually made her cry.
Now I have to petition the order take another day off of work to go see a judge on the date that they give me poetically about a month away. Prove to him I've been doing my part and hope they don't suspend my license while I'm waiting for my court date.
Any advice?
And no I can't quite and go to another job because I have to call child support and tell them about my new job and they will just send them a new garnish amount that will be equal to the amount I'm paying now.
Click to expand...
To be clear;
-Are you saying your company is withholding the money from you weekly?
-Are you saying the Child Support Processing Center is not receiving the money from your employer?

If so, I'd talk again to someone at your new company. Their response that it's 'not their problem that you need to pay support' doesn't seem appropriate for the situation. It sounds like they don't understand that the payments aren't getting to the Processing Center.
 
Suspend license= drivers license
I'm in a union I never thought of calling them I'll try that
Yes employer is withholding almost 75%of my check every week and not sending it in. When I spoke to her she told me she didn't send it in and didn't seem like she had any intention to.
I spoke to a lawyer last night and he told me to just ride it out.his reasoning
1. Retainers will be close to 3 grand (doubling your loses)
2.will take a lawyer up to 6 months to clear up (will be put before a judge with my pay stubs before that)
3. Even if I win in court against them (which he was very confident I would) good luck actually getting the funds. His words exactly were "if there not paying it, they probably don't have it" and more attorney fees to get the money back.
Thanks for the websites that's my next move.

Ya do the right thing and still get the shaft! Can't win
 
Sorry you have to go through this crap.
If possible once this is cleared up, stop the garnishment and just pay it yourself.
 
I thought child care and alimony payments were court orders. The employer is required to deduct the set amount from wages and send it to an administrator who distributes the funds. I think to add salt to the wound you pay an administrative fee to the "administrator". Had a friend at work just go through a divorce and while he didn't like the amount of the payments or the fees, it was handled by everyone professionally and he had no problem with the deduction being made and his ex wife getting paid. I would think your employer would have a big problem if they are taking the deduction and not sending it to the administrator - a lot like deducting taxes or 401k contributions and just keeping them in the company till. If you show up to court with all your paystubs and a copy of the order showing the amounts were deducted, I would hope the judge would have something to say to your employer. I don't understand the doubling down on the deduction part - I also though they could not exceed a certain percentage of your pay. Sounds like your employer needs to hire a professional payroll processor - I am guessing this is a small company writing their own paychecks - never a good thing.

Good luck - these things are bad enough, but to get into an administrative mess like this just makes it worse.
 
Last edited:
BillK2632 said:
I thought child care and alimony payments were court orders. The employer is required to deduct the set amount from wages and send it to an administrator who distributes the funds. I think to add salt to the wound you pay an administrative fee to the "administrator". Had a friend at work just go through a divorce and while he didn't like the amount of the payments or the fees, it was handled by everyone professionally and he had no problem with the deduction being made and his ex wife getting paid. I would think your employer would have a big problem if they are taking the deduction and not sending it to the administrator - a lot like deducting taxes or 401k contributions and just keeping them in the company till. If you show up to court with all your paystubs and a copy of the order showing the amounts were deducted, I would hope the judge would have something to say to your employer. I don't understand the doubling down on the deduction part - I also though they could not exceed a certain percentage of your pay. Sounds like your employer needs to hire a professional payroll processor - I am guessing this is a small company writing their own paychecks - never a good thing.

Good luck - these things are bad enough, but to get into an administrative mess like this just makes it worse.
Click to expand...

I have no issues with the set amount of 302 a week as per court order. There is a certain percentage limit that they are aloud to garnish but the legal exception is backed taxes and child support. They can take whatever they want.
Now to explain y there taking so much.
Normal court order amount is 302 . If you miss a week child support sends a letter to garnish 352 to make up the unpaid. If you miss the next week they take 452. If you miss that week they take 552. Miss that week they take 652 and so on. Until your debt is paid off then back to 302.
Just got this week's check and out of 1020 I brought home 128.97! I know people who haven't paid there support that got checks saying negative numbers.

Here is the penalty for the employer not forwarding the garnished wages.

1st offense . Letter sent to employer if no response within 20 days 500$ fine
2nd offense another letter and 1000$ fine
Every offense there after 1000$fine
 
sdarc said:
Sorry you have to go through this crap.
If possible once this is cleared up, stop the garnishment and just pay it yourself.
Click to expand...

Tried unfortuanetly only person who can say yes to that is momma bear and ha won't even bother asking
 
Its because of the deadbeat dads not paying that this stuff is state run. I dealt with it from Texas. Luckily I was self employed and just sent them a check every month, so they could send it to the ex. What a waste of a stamp. 15 years I never missed a payment. I never had a problem paying. Too bad the mother won't make it go away for you.
 
At a minimum, I'd send a certified letter to the judge with copies of your pay stubs and a request for help.
CC your HR rep as well.

Good luck.
 
Ok, now that you've explained a bit more, I would go to your union and I would investigate the websites I posted for you.

As strange as this sounds to me, I'm sure this isn't the first time it's happened. I'm sure one of those forums might have someone that's delt with this. Further, I think sometimes attorneys are on those sites and are willing to do a bit of pro-Bono work.

Keep us posted on how this goes.

Good luck and man it does suck you are going through this....Do you want to out your employer? You could probably get the local investigative news channel to listen to your story.
 
The fact that your employer is withholding your pay but not forwarding it to the appropriate agency while telling you to basically go pound salt is utterly confusing and shocking - albeit I know nothing of this "employer". Each state has its own labor laws that protect employees from basically getting screwed by employers and I have to think a failure to pay -even child support that is withheld - would be one of the most serious offenses. Surely, you have a supervisor or SOMEONE else in the company to go to! Do they have in-house counsel? A risk management department? Benefits person? I find it hard to believe HR is giving you Trump's advice . . . i.e, "go BLEEP yourself." Sorry, but I would sue the pants of that company for labor law violations.

So, here is a new suggestion . . . contact a labor attorney who may work on a contingency fee. No retainer. Possible grounds for punitive damages and attorney's fees. They may know more about the repercussions for this than a domestic relations atty.
 
I totally agree that pay stubs to the head of family court via certified return receipt USPS is in order. The city attorney or county attorney or AG depending on how your locale is set up needs to be looped in this as well.

I know from experience that judges do not take kindly to spouses not paying child support. I gathered evidence for months against my ex's ex for doing just the same thing. Bottom line... Judge looked at him and said,"You have 24 hours to get a certified cashiers check in my hands payable to her or I'm holding you and your lawyer in contempt and sending you both to jail immediately with no bond." The judge had his check in much less than 24 hours.
 
Boat Guy said:
Ok, now that you've explained a bit more, I would go to your union and I would investigate the websites I posted for you.

As strange as this sounds to me, I'm sure this isn't the first time it's happened. I'm sure one of those forums might have someone that's delt with this. Further, I think sometimes attorneys are on those sites and are willing to do a bit of pro-Bono work.

Keep us posted on how this goes.

Good luck and man it does suck you are going through this....Do you want to out your employer? You could probably get the local investigative news channel to listen to your story.
Click to expand...

Love the local news advice. And hey I happen to know a reporter on Fox 5 news! Y didn't I think of that. Just to embarrass her on national TV for talking to me and my daughters mother the way she did would satisfy me.

Thank yoy for everybody's help. Tomorrow I have a few more phone calls to make.
On another note my mom happened to read this. (I didn't tell get what's going on) and she's pissed.... she said if the money's not in the account tomorrow she's paying her a visit. I know my mother very well and that's a very scary thought. . Well hear we go
 
This post is for anyone who believes you have Constitutional Rights in Family Court.

What US Court has no Constitutional Law Regulating?

With some of the posts lately being about rights & laws I thought I'd explain what we've learned after my son went through a nasty divorce over guess what money & child custody. Family Court is setup to handle all things involving divorces, child custody, child support, alimony etc what we didn't know when this lengthy battle started is that the system is rigged to exhaust every dime a family has acquired from the first day you hire an attorney. Family court was setup as a good thing to try to do the best for the children but has evolved into a multi billion dollar business.

The first thing an attorney will ask you is for your financials & who the other attorney is, you think this is so they can get together to find the easiest solution to your case. The financial info is used to determine how much money is available to pay for court appointed mediators, evaluators & parenting coordinators none of which is available to you unless you can pay for it.
These are only retainers.
A minimum $5000.00 retainer to an attorney, $4000.00 retainer to mediator, $4,000 retainer to evaluator, $5,000.00 retainer to parenting coordinator if you win partial custody.

Now comes the part which is run by the Family Court System if you’re not familiar with it to my surprise it has nothing to do with any other court system there are no Constitutional Laws Regulating it whatsoever. It is solely run as a cash generating system starting with the judge who is only concerned with contributions for reelection from the attorney’s, court appointed mediators & evaluators. You have no rights in what the court system decides no appeals no due process no anything that you may have thought you’d have with a court decision. If a decision goes against you all you can do is file a new petition to the court which the judge has sole authority to deny with no recourse. If you even say anything to the judge in disgust or in their opinion out of line you can be found in contempt thrown in jail without any due process till they feel like letting you out.

This sounds like I’m writing this out of bitterness I’m not my son was able to get 50% split custody with no alimony or child support to the ex, he had the best possible outcome that was possible in this state.

His attorney when this started educated him on how the system works, she was recommended by an old friend that is an attorney in fact he was my best man when we were married, he asked me if I wanted the best he knew or if we wanted someone not as good but cheaper we chose in his opinion the best he knew.

She had us watch a documentary called Divorce Corp it is a real eye opener if you believe in the Constitution this documentary will have you question everything you believed about our court system.

You can stream it from Netflix.
http://www.divorcecorp.com/

A shocking exposé of the inner workings of the $50 billion a year
U.S. family law industry, Divorce Corp shines a bright light on the appalling waste, and shameless collusive practices seen daily in family courts. It is a stunning documentary film that anyone considering marriage or divorce must see.
 
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