Wage garn.-NO NOTICE from employer before deduction

[XisNUTZ]

I'm under the impression that prior to getting my check garnished, my employer is supposed to provide notice of garnishment, thus gving me time to reply to validity of garnishment.  I heard at least 14 days, to be able to fwd. letter to my attorney to address this issue prior to monies being taken out.- My human resource mgr. thinks she received something, but isn't sure(good answer, huh)
             Any light on this would be greatly appreciated!!!!!!

[ldybrnis]

Well, I got my check garnished and did not receive a notice from anyone. I don't know what happened, but i had to live with it

[XisNUTZ]

  Try not to tak to much offence to this, but I was looking for a reply from someone who could shed some light on this issue, not someone to just leave a "comment" about how he/she just lived with it. Thats why I posted the question was to find out HOW not to just live with it..........

[combokid]

If this helps:

It is my understanding that your employer must notify you that they are or will be garnishing your wages. The employer receives a CO from the probation department ordering income withholding. They must follow the order or they face possible action for non-compliance.

If you contest the action, the battle is between you and probation, not you and the employer. And if you take on this battle, good luck, because the probation department is like a robot, simply following instructions from the court. Ultimately, you will probably have to file an application with the court to contest the action.

I recently filed an application (motion) with the court and successfully had my CS reduced. In that action, my ex requested income withholding through wage garnishment but the judge never granted or denied the request. The judge made no mention of it in the decision. Regardless, one month later I had my wages garnished and they are still garnished today. I could contest the action, but the sensible thing is to let the garnishment action stand. Ultimately, they are just saving me a stamp every week. Bottom line, you gotta pay it one way or another, so you might as well do it the easiest way.

[sweetnsad]

Well, whether you like to hear it or not, I'm afraid there isn't anything that can be done...My SO had his wages garnished last year for CS and he got all of five days notice...and yes, we had to "just live with it"...

I would think the employer has to give you notice, but they are under an order to garnish, so whether they tell you or not, it has to be done...

It's alot easier to have wages garnished, that way you aren't responsible for making the payments on time...it's the employer's responsibility...it is for us anyway, not having to worry about missing payments.

[MKx2]

Please don't take offense to this ... this site is RICH with resources for you to find out a TON of things.  If you double click on this word  GARNISHMENT you will be taken to a search results page that should give you some information about CS garnishment (you didn't say it was for CS, but I'm assuming that's what it is for).

Since a garnishment is usually the result of Court Order, you should have been aware of it.  There are also some states requiring all CS payments be garnished and paid to them (a big money machine for the states as they are federally funded by the amount of CS collected).

Read the first article on the search results page - it will give you some information about action you SHOULD take with you employer concerning the payment being made on your behalf.

I wish there was something positive I could tell you -- if this is for CS and you had an attorney, perhaps the attorney did not make it entirely clear as to the action that would/could take place.

[Kitty C.]

I agree with MK.  Even our state has done that, so ANY new support orders are AUTOMATIC garnishment.

PBFH got pissy about DH being 1 1/2 months late a couple years ago, so had the support order transferred from the county to CSRU, where they eventually garnisheed.  What PBFH didn't realize is that this is EXACTLY what DH wanted, she just did the work for him!

She also cut her own throat in doing so.  The order reads that if DH is current EVERY year on support as of 12/13, he can claim SS.  Almost every year, she'd try to dispute it, but she can't anymore!  He has MORE than enough proof that the payments have been made and as long as he has a job, he will ALWAYS get to claim SS.  I have no sympathy that her vindictiveness has come back to bite her in the a$$.......

Look at this as a blessing in disguise.  It's outta sight, outta mind and you never will get your blood boiling having to write that check every month, cuz someone else is doing it for you.

[wendl]

I know in my state if the amount is different the cs office send a form to both the employer and the paying parent.  My dh was just sent notification that his new deductions would be xx amount.

The cs usually sends a form to your employer telling them how much is to be garnished.

I would be talking to the HR deptartment and also call cs office and ask them why you were not informed in writing about changes.

JMO

[oklahoma]

Our state also sends a form to company and a copy of the letter to the NCP, which includes the amount to be withheld.  In the four years we have been married (and about 5 different employers, and one modification) my husband has never received a notice of garnishment from his employer, just CSE.

It is kind of a nasty shock to be expecting XX amount and getting considerably less.  But, in our case, the wage withholding is not all bad--we don't have to worry about sending a check in and it keeps CSE off our backs for the most part.  They are much nicer to work with when they know where to get your money from.....