I have a spousal support wage garnishment in place for my soon to be ex husband. There is no child support. His employer is playing games and not sending me the correct payments. I have tried calling the payroll department, but they will not talk to me. What action should I take? I do not have an attorney.
3 Answers from Attorneys
I suggest you contact your local legal aid clinic for help. Do a subpoena on employer for wage information.
Your contact with his company should be documented by mailed letters, rather than telephone calls. The letters can be used in a court hearing to document that the company was not complying with the wage assignment order and or to document that your ex-spouse is in arrears in his payments. Sometimes, a company's payroll system is such that it does not pay the exact amount ordered every month. If the amount you are shorted is only a few dollars, you should take into consideration whether it is worth the time, effort and aggravation of collection.
Your soon to be ex is the one who owes support. The employer is just the unpaid collection agent. If you are not receiving the full amount you are due on a monthly basis, you should inform your soon to be ex of that fact. He is obligated the make sure the correct amount is paid by him on a monthly basis.