Can I sue my employer for not sending the child support payments to the support office but is withholding it from my check?

Asked over 1 year ago - New York, NY

I live in NYC and my employer is deducting money from my paycheck but is not sending it to the support office. I have recently lost my drivers license for failure to comply with the support order. He has also cut my hours when I brought it to his attention. If anyone has any feed back I would greatly appreciate it.

Thank you.

Attorney answers (4)

  1. Morghan L Richardson

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You should attempt to modify how the child support is being collected. You should also speak with an experienced employment attorney.
    --
    Best Regards,
    Morghan Richardson, Esq.
    Richardson Legal PLLC
    31-08 Broadway, Suite 204
    Astoria, New York 11106
    www.richardsonlegalpllc.com
    T: 212-537-6744
    F: 212-574-3337

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Speak to your employer to find out what happened with the money they withheld. If you are not happy with the answer, then sue your employer. Also, make a motion to family court to change the income deduction order to a direct pay and for you to then make a payment to the support collection unit on a regular basis.

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  3. David Ivan Bliven

    Pro

    Contributor Level 20

    Answered . I would first suggest to speak with them about why they're not sending it in. If the employer refuses unjustifiably, then you may consider a lawsuit with this proviso - if you are not in a union and/or don't have an employment contract, the employer can fire you (generally) for any or no reason. As such, I would highly advise that you speak with an Employment Law attorney prior to even threatening a lawsuit.

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  4. Maria C. Tebano

    Contributor Level 15

    Answered . If your employer is deducting the money from your paycheck, I don't understand why it is not being sent. You should file a petition in family court claiming a mistake of fact and produce your paystubs showing that the funds have been appropriately deducted for you pay. In the context of that petition, ask that your drivers license be reinstated. I don't think that a lawsuite would be cost effective for you.

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