As in a server in a restaurant. My daughter's father wont pay for support, and the state might go after him, and I was just wondering how they would go about this if he lives on tips.
2007-11-28 17:37:48 · 7 answers · asked by notsonormalgrl 4 in Politics & Government ➔ Law & Ethics
Although he makes mostly tips, he probably still gets a pay check, even if it's a small one. The state can garnish 50% of that check. Additionally people who make tips are supposed to report them for tax purposes.
When I was a manager at Pizza Hut our drivers and servers had to report thieir tips for tax purposes, but they still recieved paychecks.
If your daughters dad won't be a man and pay his support he should be put in jail. It's deadbeat dad's like him that give the rest of us single dad's a bad name.
I hate paying support, because I know my ex doesn't spend it on my son, but I do it anyway. He's no different.
2007-11-28 17:45:29 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Garnishing Tips
2016-12-11 10:30:55 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Unless he's working under the table, he does not earn only tips. There is a minimum wage for servers (here in PA it's $2.83 per hour - I assume, but not sure, it's the same nationwide). And some of those tips will be claimed for tax purposes (only the naive believe servers claim ALL their tips). So, yes, they can garnish his wages. The amount will be less than if he worked a regular paying job, but they can take some.
2007-11-28 20:21:31 · answer #3 · answered by Jay 7 · 0⤊ 0⤋
Regardless of whether or not he works off of tips as a waiter you are required to report your tips at the end of the night. I worked for TGI Fridays for 5 years and because the busboys and hosts earned 3% of my tips (this is generally the case in most places) you are required to report your tips.
The management of the restaurant will generally look at your sales and require you to claim a certain amount of money based on that (otherwise the busboys and hosts would get gypped). Now in most cases wait staff will claim about 50-80% of what they actually made and in some cases restaurants don't enforce honest wage earning reporting and then it would be difficult to garnish those wages.
You most likely will not get 100% of what you should but his wages CAN be garnished.
Good luck!
2007-11-28 17:50:28 · answer #4 · answered by heybrent 2 · 0⤊ 0⤋
He will get some pay in addition to his tips, and they can garnish that. Unfortunately, though, some deadbeats are just judgment proof.
She may have to settle for waiting until, some time in the future, he grows up and gets a real job and she can start collecting on the arrears.
Richard
2007-11-28 17:42:45 · answer #5 · answered by rickinnocal 7 · 1⤊ 0⤋
You have stumbled upon the ONLY reason the state can garnish wages even if they are just tips.
2007-11-28 17:43:57 · answer #6 · answered by Emissary 6 · 1⤊ 0⤋
The above answers MAY be correct, (I don't know) but I can tell you that when I worked as a server/bartender I averaged between 10 to 30 dollars per hour, and many times my paycheck would be $5.00 or less for one week.
Anyone who wanted to sue me was sol.
Good luck.
2007-11-29 14:05:52 · answer #7 · answered by Red Velvette KY 3 · 0⤊ 0⤋