Please advise..

[Step Mom of 3]

What is the name of your state? NC
My husband has been living in NC for almost 5 years. His ex wife and children live in CT. The child support order is from MA where they both lived at the time of the divorce. My husband is court ordered to pay $177/week. His employer told him that they will not take out more than 40% under NC law. I thought that because of UIFSA, they HAVE to take out the full amount regardless of how much over the percentage it is for NC. What is he supposed to do? No one from MA has tried contacting him. Will he get in trouble if his ex takes him back for contempt (and I know she will) or will his employer get in trouble for not taking the correct court ordered amount because it IS court ordered wage withholding? Thanks for any help...

 

[VeronicaGia]

If he is a resident of NC and his business is in NC, then it is likely his employer has to follow NC laws.

He should try to get the order moved to NC since neither parent lives in the original state and the order follows the child.

 

[Step Mom of 3]

Thanks for replying. He lives in NC the children live in CT with their mom. She was told almost 2 years ago by the judge in MA to get the order moved to CT and she has not done it yet. Is it possible that since she hasnt, he would have a better chance of getting it moved to NC since she apparantly doesnt care enough about it to get it moved to her state? Thanks again..

 

[stealth2]

He should be aware that he is still responsible for the shortfall. If it's not being taken out of his check directly - HE needs to make sure the difference is paid to the proper place.

 

[haiku]

Thanks for replying. He lives in NC the children live in CT with their mom. She was told almost 2 years ago by the judge in MA to get the order moved to CT and she has not done it yet. Is it possible that since she hasnt, he would have a better chance of getting it moved to NC since she apparantly doesnt care enough about it to get it moved to her state? Thanks again..

Ther si no reason he can't move the order to CT, himself. My husband had to move his order out of ma. to the state his kids lived in, because the mother of his kids was never going to do it either.