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Employer will not deduct child support payments. What do I do?
Q) My ex-husband has a good job and is willing to have the payments deducted from his paycheck, but his employer won’t do it. What can I do?
A) Under every state’s law, an employer must withhold the support if ordered to, or if the noncustodial parent requests it. If you run into problems with an employer, seek the assistance of your child support office. The state child support agency staff will send the employer a withholding notice, which is binding on the employer. An employer who fails to withhold the income in accordance with the notice is liable for the accumulated amount that should have been withheld from the noncustodial parent’s income. Employers who have questions about income withholding can find information and contacts on the Office of Child Support Enforcement website: www.acf.hhs.gov/programs/css/employers/employer-contact-program-information
Your child support payments can be changed only by a court’s modification order. The modification process can increase or decrease payments. The ways you can lower child support payments will vary by circumstance. You will need to convince a court that the financial situation of one or both of the parents has changed substantially generally. To lower your payments, you will need to file a motion in court to modify your child support payments. Most courts have pre-printed “fill in the blank” motion forms You will need to file this motion in the court that issued the initial child support order.