[missk]

My ex works in Texas. There are two offices. One in Texas and one in Louisiana. The payroll comes from Louisiana. The San Antonio disbursement unit who receives the money from the employer says that the employer is NOT allowed to do what they are doing. The Texas City office who handles the case says other wise. I'm so annoyed and frustrated with this. Here is the deal... the employer in the Louisiana office witholds the child support payment every week. He gets paid every week. After four weeks, the employer sends the full amount of the withheld funds to the San Antonio office, who then forwards it to me. While it's nice that I'm getting child support in the first place, I do feel like if this is illegal they should pay the consequences and change their format. The San Antonio office said they can be penalized for this. The problem is, the Texas City office disagrees. The San Antonio office sent a letter regarding this situation on Thursday to the employee. Not only that but according to Texas Child Support Law the employer can't charge the employee more than $10 a month. The lousiana office is charging him $12 a month. (3 dollars every pay period). Even in Texas he usually only gets charged $1 a week. So is the Louisiana office supposed to go by the Louisiana rules or Texas rules? The San Antonio office says they have to go by Texas rules, the Louisiana child support says they must go by Louisiana rules. So I'm so confused and frustrated. Just wondering what you think.
My ex says I'm not the only one annoyed by this. There are other moms that are frustrated too.
Oh and I called the Louisiana employer and she had major major attitude. I said nicely do you know that you aren't allowed to do this? Her answer "Did you know that the case worker allows me to do this"?
UGH!!
FYI We both live in Texas.

Would an attorney be able to answer this general question or is it more complicated than that... or do you have to pay just to ask questions?

[cdad]

Im left trying to figure out what the problem is since it seems you are getting your child support. Were you expecting it weekly ? What's the real problem here ?

[missk]

It's the whole entire principal of the fact. If this employer is going by their own rules as opposed to the law, they should be penalized or ordered to change. I do not care if it is a "peanuts" $2.00. Two dollars adds over the course of a year. That's $24.00 a year for each person that they are doing this to and they are getting the funds for it. PLUS they are earning interest on the funds that they HOLD onto.
Like I said, yeah I'm getting the money, but if the law says (which is my whole question in the first place), if the law says they are supposed to send the funds within 2 business days of the time that they withhold it, then that is what they should do. Not hold on to it for four weeks, gaining interest, and not obeying the family law on child support.
Geez I should have known I wouldn't get any real answers here.
Like I said before, I was just trying to find out proof of this and what the employer is obligated to do-go by Louisiana law or Texas law.
On top of that two offices in the same state are not agreeing with each other, and that should be a red flag that these freaking people have no clue what they are really doing, or even care for that matter, and frankly that sucks as if you are working in a department that handles legal matters such as child support, they should know what they are doing and what they are talking about. And if they don't know, then they should find out. And that is the problem that I am having with both Texas and Louisiana Child support offices. And I am not the only person whether it be custodial or noncustodial parents having issues with these people who answer the phones just trying to get a pay check in the call centers and not actually helping ANYONE.
And YES I was expecting it weekly. From what I have always understood and apparently according to the rules, they should release the funds as soon as the withhold them, which is WEEKLY.

[ScottGem]

When you have conflicting laws or interpretation of such laws you need to ask for a citiation of the rule.

You don't KNOW for sure that what the LA payroll office is doing is illegal. So telling her it is was going to set her off.

So you need to first do your homework. You need to find the specific law that says what an employer can charge to deduct child support and how frequently they have to submit it for both in TX and LA.

Then you can see if the employer is actually violating the law. Once you have determined whether there is a violation, then you would need to start a suit against the employer.

[Fr_Chuck]

Since you are not the one injured in this, the husband who is paying the extra few dollars a week can spend a few thousand and go back to court to get a specific order on it.

Since you are getting your money, I don't see what the real issue is, that he may be paying a couple dollars extra

But a LA business can not be forced to follow a TX law, they would be under their law to operate. Or so there argument would be, since their law allows them a certain dollar figure, that is what most likely their computers are set up to do.

[cdad]

Louisiana Law states it this way:

Q. THE ORDER/NOTICE TO WITHHOLD INCOME REQUIRES ME TO WITHHOLD A CERTAIN AMOUNT ON A MONTHLY BASIS. I PAY MY EMPLOYEES BI-MONTHLY (ON THE FIRST AND THE FIFTEENTH). CAN I DIVIDE THE AMOUNT I WITHHOLD BETWEEN THE PAY PERIODS?
A. Yes. You can withhold in a manner which best fits your payroll system as long as you implement the withholding no later than the first pay period (singular or periodic payment) that occurs following receipt of the notice of income assignment and must remit amounts withheld within seven (7) days. You must remit the total requested monthly amount every month.


Ref: SES: Employer's Guide | Department of Social Services | State of Louisiana

So your going to need to look at your paperwork and see what amount it is. My guess as it is in most states its quoted as a monthly amount therefore they are following the law as it is written. They seem to be giving a break here because by LAW they can charge $5.00 for doing it.

[missk]

Okay. I'm just going to let it go. I'm being a little ridiculous anyway. Thank you everyone for your answers. Sorry if I was rude. I suppose I had a bad day today. And thanks for the Louisiana law info. I actually looked it up too and did not see the last sentence on that. And that is probably what the law is in Texas as well. I guess I was confused because San Antonio was so adament that they could not do that.