I have a problem, here it goes. from 1997 to 2004 I worked at job that was sent papers requesting child support be deducted out of my paychecks and sent to the appropriate office for distribution etc.. etc.. but my boss never did this and never notified me of these papers. I have paid my dues to child support and never thought about it very much as the case is it gets taken out automatic at my current job. with out me having to bother with any paperwork because that is not my job. and I do not know anyone who has had to chase down someone to pay them child support either. my case has now been sent to court with intent on me being put in prison for a felony in another state for non payment and it's my old job who caused this problem in the first place. what can I do to right this wrong other than me being put in prison for something that I did not directly choose to do, and my employer did.
2006-12-15 04:06:54 · 8 answers · asked by lorain182003 1 in Politics & Government ➔ Law & Ethics
Dude, get yourself an attorney! They can prove your innocence and lay the blame where it truly needs to be. I wouldn't delay if I were you, and if you're uncertain how to go about getting an attorney, call your state's BAR association. Give them a brief explanation of your predicament and they'll direct you to a local attorney who'll be able to assist.
2006-12-15 04:16:19 · answer #1 · answered by Anonymous · 0⤊ 2⤋
First off, it depends on which state you are in. If Texas, Texas doesn't request child support payments, it ORDERS the employer to withhold. But in the final decree or final orders, it should also state how the money was to be sent and disbursed, etc. You should have known whethere child support was being paid on your behalf or not. I don't understand part of your question though, were you paying child support at the time your boss was supposed to be taking it out? Over here, if you do not pay in the manner ordered (say you pay on the 20th and it orders payments on the 15th) you could be in arrears for that as that will not be calculated, usually depends on the judge. If you have proof you paid child support, request for leniency from the judge. Always walk into that court room with an attorney. Judges hate to deal with pro ses. Good Luck!
2006-12-15 12:14:59 · answer #2 · answered by headstr8 3 · 0⤊ 1⤋
That excuse will not fly , Its called personal responsibility , When you looked at your paycheck and your paystub and saw nothing deducted you should have acted on that right away , but no you let it go on because you told your boss to take care of it , You and only you are the one to make sure this happens and thats the way they are going to see it in court , I am very sorry , the only hope you might have is if you can prove beyond a shadow of a doubt that you never looked at your paycheck amount and you never saw a paystub containing all the standard deductions ,
Good Luck.
2006-12-15 12:16:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Not sure about the law in your state, but in Tennessee, your employer can be held liable if they do not collect child support from your check when they receive a petition from your state bureau which handles that.
You need to get some kind of documentation to back your story up. I guess you're responsible for it at the root, if you're delinquent they can increase the amount to make up the arrears. I'm not really sure how you'd prove that it was your employers fault, unless you could contact the state board and request copies of the documents which were sent to your previous employer, I'm sure that they'd have some copies.
Good Luck to you, I hope things work out.
2006-12-15 12:12:23 · answer #4 · answered by somewherein72 4 · 1⤊ 0⤋
There was a guy that I worked with for a month or two that had this same problem...
The courts ended up chasing down the employer for the money, I wish they would have put the employer in jail though... he was a jerk...
Don't worry too much, it will work itself out, you need to contact the courts and tell them what has happened though, find your case manager and contact them.
2006-12-15 12:15:54 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You need to seek the advice of a lawyer in your area.
You may be out of luck because you worked at a job for seven years and never bothered to look at the amount of money you were being paid, which was apparently more than you were supposed to get.
2006-12-15 12:13:23 · answer #6 · answered by www.lvtrafficticketguy.com 5 · 1⤊ 0⤋
What do you mean doing the paperwork isnt your job? Its your child and you should not assume that someone else will be responsible and take care of it. I hope that they put you in jail for not paying your child support.
2006-12-15 12:15:57 · answer #7 · answered by robbet03 6 · 1⤊ 1⤋
Get a lawyer, and quick. Based on your story it appears that you might be able to argue that you had no criminal intent.
2006-12-15 12:17:06 · answer #8 · answered by Anonymous · 0⤊ 1⤋