my oldest son's father works 6 days a week for a tree company he refuses to pay child support, Child support mailed his employer paperwork to start garnishing his wages, but his employer failed to respond within the 60 day time period. I have proof he works 40+hrs a wk (his facebook page has pictures of him working & on the job working & the company he works for has there own facebook page.) There's been a "Montion of Contempt" I'm wondering should I bring said pictures and other stuff?
How should I go about his employer plain out refusing to cooperating? isn't what his employer doing fraud?
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If he works for the tree company and they were properly noticed via an income deduction order, they can be held in contempt for violating a Court Order. You should contact an attorney in your area to assist you.
The answering of this question is just friendly advise, and in no way legal advise, nor create an attorney-client relationship. For legal advise you should contact an attorney with detailed information about your situation, so he or she can better assist you.
If he works for the tree company and it appears as though you have evidence that he does, the tree company must comply with it or be held in contempt of Court and they can be fined for each pay period they have refused to honor the income deduction order. Good Luck.
B. Elaine Jones, Esq.
Yes you can file a motion for contempt against the employer, and subpoena them to court.. Contact my office for free consultation 727-446-7659
I assume by child support enforcement you are referring to DOR. I would contact them and advise of the information you have and the employer's non-compliance. Go forward with your Motion for Contempt by setting it for hearing and provide this inofrmation to the Judge. You ay also want to subpoena the employer to the hearing so they can explain to the judge why they are failing to deduct. It is not clear if an income deduction order exists. If not, ask the court to enter one. If the employer then fails to abide they too are incontempt of court.
All answers are based on limited facts provided and should not be relied upon unless there is an attorney/client agreement and I speak with you Personally.