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ralstonlass · Aug 25, 2009, 07:05 AM

I am wondering about CSE's ability to issue a wage garnishment from a non-profit employer. The ex works as Regional Director for a foreign exchange organization. She handles the hiring of community representatives, etc. CSE has stated that they contacted the employer and she isn't an "employee" but we have written proof that she is still Regional Director.

She is 8,000 in arrears already. CSE said they won't pursue garnishment because she has a history of "trying to make her payments." They allow her to pay when she can, and don't go for garnishment or tax intercepts. She is three months since her last payment, so obviously regular payments aren't the norm.

What can we do? I just don't know how to talk to CSE and get them to understand that my daughter is on Medicaid because the ex isn't honoring the health insurance requirement, isn't honoring the CS order or anything else. Yet I have to pay 1/2 of the gas every time I take my daughter for visits (ex moved to other side of state, so now it is really expensive for me to pay 1/2 of the gas for visitations too, but I always do).

Advice?

stinawords · Aug 25, 2009, 07:17 AM

It is possible for her to be regional director but not an employee. She could be working as self employeed when it comes to taxes so the non-profit company dosen't hold anything from her check not even taxes. If that is the case then no a garnishment can not be done. As far as the insurance you can try to have the court enforce that again. But you are doing the right thing by still holding up to the visitations (even though it creates a greater hardship on you) because this way you can't be held in contempt.

cdad · Aug 25, 2009, 01:56 PM

What state is this in ? Also if she is working as a independent contractor then there is no wage garnishment but there could be an intercept of funds. As far as the tax intercept goes that should be in place if they are $8,000 behind in payments. Also it should be reported to the needed agencies because at that level they also remove your right to get a passport.

stinawords · Aug 25, 2009, 07:50 PM

The tax intercept is probably in place but by working as an independent contractor (unless she has another job as well) it won't really do any good because she has to pay taxes every year instead of getting a refund.