Which comes first State or Federal law?

[CMSC]

What is the name of your state? nebraska

Well, I was just informed (still linking up a link to be certain) that Federal law requires all employers to withhold child support from checks no later than 7 days after recieving an order and then after the date it is due. My state says 10-14 days but an employer is given upto 30 days to comply with order first off then it has to be withheld within 14 days of due date. So does federal supercede State law and how do we enforce it?

 

[ellencee]

Hey, lady!
Do you think the federal government can get something done in 7 days?!!!
It probably requires them to start the process within 7 days, say by opening the envelope or such.
Federal pay changes can take a minimum of 30 days to initiate...so, just stay on top of it and make sure it gets done.

Nice to chat again!

 

[CMSC]

Nice to see you back!

I don't know who else to complain to about the process taking too long. The county attorney says their are too short on funds to hold employer responsible but I will tell you if one accounting department at one major fast food chain or other major company got a lawsuit filed against them don't you think they would better ALL of their accounting departments in their company? I think it would be worth a shot!

Oh another, according to my state law an employer has 10 days in which to notify proper authorities of new hires. My ex's old job NEVER reported him, I thought they had but three months went by without any support and I called the case worker and said, hey he is working here and has been for three months. Her response was, "well, I am not a mind reader, if a company doesn't report, I don't know they are working there. We can't press charges against a company because we are too poor"! BS! If the damn city would quit paving the street in front of the mayors favorite resturaunt, business, and house they would have more funding!

 

[vstax]

garnishment

I have garnished paychecks for child support in my job, and they ALWAYS start the next paycheck after they are recieved. The Employer has to send an answer to the state organization requesting the garnishment that it has been recieved it and when payment will be withheld. At THIS company we comply immediately because my company is a high profile business.
Friends of mine have had their x's jobs lie about them working there, or just not answer the garishment, but these were tiny little Mom and Pop organizations, and I think they slip through the cracks.
Some businesses pay on a two week schedule, so I don't see how the seven day thing can stand. I can tell you for sure that Child Support Garnishments are supposed to be immediate and supercedes any and all other garishments the person may have in place. It is deducted the first paycheck after it's recieved, but if those monies have to go to the accounts payable department, as they do in my company, then that accounts payable department only writes checks once a week, then that check has to be sent to the state agency and sent to you by the state agency, as much as a month can pass before you actually get your first money.
Also, it is a federal law that new hires must be reported with two weeks of their start date, many of our garishment come from these reports. Sadly, all companies are not as expediant as they should be with this info, so that many times by the time the state agency seeking the deadbeat parents learns of their new job, they are no longer at that job.

 

[CMSC]

I just want to say, I looked at your website and I loved the little fat dancing elvis!!!

Well you say the federal government says employers have so long to claim new hires, so does the state only the time frames are different I believe so my question still is, which can we go by?

I have found an attorney in Omaha that I am going to consult with and see if she can help me figure out this mess. If I have to start bitching at my senator again, he ain't gonna like it!

I have noticed on my yahoo support group that people in my state all have the same problem, the rule being 3 months behind and you face contempt BUT the counties make it 3 consecutive month and if the NCP pays $2 the day before their 3 month deadline is here they aren't charged with contempt and the 3 months start over even though they are a total of 3 months behind, it isn't consecutive!

 

[Grace_Adler]

It's always been my understanding that Federal overrides state. But that ain't the way it happens alot of times. I don't understand the hole process. Sometimes the state just does what the hell they want to and tries to justify everything and gets away with it. Just like I put in Janey's thread how NC says that the 4th Admendment of the US Constitution applies to everyone BUT CPS workers. HUH??? That's not what other states and the US Govt. says.

 

[CMSC]

It's always been my understanding that Federal overrides state. But that ain't the way it happens alot of times. I don't understand the hole process. Sometimes the state just does what the hell they want to and tries to justify everything and gets away with it. Just like I put in Janey's thread how NC says that the 4th Admendment of the US Constitution applies to everyone BUT CPS workers. HUH??? That's not what other states and the US Govt. says.

That reminds me of a Bill O'Reilley episode where he told some kid that once he walked into the door of the school he no longer had any first ammendment rights? HUH? Where the f*** does it say that in the first ammendment?

Anyway what is even worse is the feds give the states regs then the states give the counties regs and then the county judge rewrites the regs to make it fit his attitude for the day.


I would really like to know who to right to Federal wise on this, anyone know?