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Sadierose · Jul 16, 2008, 06:06 AM

My ex-husband lives in Ca. my son and I live in Oh. My ex swears up and down that his wages have been garnished for the last 2.5 years, and that I should be receiving child support ( I haven't received more than a very small, sporadic amount). When I call my county they tell me they disperse it to me when they get it from his county. I have tried to get a hold of anyone in his county and NEVER get any return phone call no matter who I call. He has a history of being dishonest, this could very well be the case. I am just curious if anyone has ever heard of a situation like this, or any advice on whom to talk to so that I know what is happening one way or another?? Thanks much.

ScottGem · Jul 16, 2008, 06:36 AM

I would go back to the court that issued the support order. I would see if they will serve a subpeona on the county agency that is supposed to be deducting support from his check.

Fr_Chuck · Jul 16, 2008, 06:50 AM

Ask him to send you a copy of the check, call his payroll department and ask them that you are not getting his garnishment is there a problem

ScottGem · Jul 16, 2008, 06:54 AM

It's a good idea to ask for a copy of the check to verify the deduction. The check will usually show the current period and YTD. So you can verify that its being done regualry. If he refuses to send it, that's an indication he's lying.

But I doubt if his payroll dept will talk to you, you will need to go through the angencies.

stinawords · Jul 16, 2008, 08:02 AM

Do you receive any assistance from the governmet? If you do and they haven't calculated in your support to deduct from the amount you receive (some states do) then the government will intercept support payments in order to put the money given out back into the system. If you have never received assistance then you really need to go back to court.

Sadierose · Jul 16, 2008, 08:14 AM

For a short time my son had medicaid, insurance from the state but that was it. My county agency stills shows him as owing the full amount(minus a handfull of payments) for the past 2.5 years. My case worker acts as though there is no possibility of a mistake, which very well may be true, but both agencies from each county seem so behind and disoragnized, I just don't know. I have never seen a check stub(although he keeps promising to mail me one but never does), and I have no idea where he even works if he does.

ScottGem · Jul 16, 2008, 08:18 AM

I would approach him saying that both you and the local agency are not getting the money he claims is being deducted. So you want to help track it down. If he can send you a recent paystub, that would help you track it down. Tell him, he can block out the gorss and Net totals and employer if he wants. But the only way you can verify that he's telling the truth is with a paystub.

cdad · Jul 16, 2008, 01:07 PM

There should be a copy of the wage garnishment document. Your local agency should have it if they didn't give it away. If they did give it away ( jurisdiction ) to another state they should have told you. That's where you have to start. Without it there is no legal obligation for a garnishment. Also its not unusual that an employer has taken funds that otherwise were supposed to go elsewhere and pocketed the money. It happens a lot with SS and other out of check payments.

Sadierose · Jul 16, 2008, 01:20 PM

Thank you for your answer, but I am slightly confused. When you say 'give jurisdiction away', what does that mean ? Aren't both counties supposed to be working together? Don't they both have jurisdiction?

stinawords · Jul 16, 2008, 01:59 PM

While they are supposed to be working together, only one county can have jurisdiction. This means that if your county has jurisdiction then they would have a copy of the order for the support to be garnished if the fathers county has jurisdiction then they would have all the paperwork that you would need to look at. If you continue to have problems you might want to get a lawyer or contact an agency like support kids because they have ways of getting the documentation needed to find out where the money is.

cdad · Jul 17, 2008, 12:54 PM

Originally Posted by Sadierose

Thank you for your answer, but I am slightly confused. When you say 'give jurisdiction away', what does that mean ? Aren't both counties supposed to be working together? Don't they both have jurisdiction?

OK in your original statement you had said you were in OH and your ex was in Cali. The normal procedure is that when you went before a judge and child support was ordered then that is the court that holds jurisdiction forever. It is the decision of the court to give that authority away then they may do so. Im not sure who moved where nor where it all started. I know it sounds odd but that's how the system works so far as I know. So your at square one until you figure out who is calling the shots. Is it OH or Cali.