Employer did not withhold child support
Hi, I live in Indiana and my ex lives in Ohio. His previous employer had a court order to withhold wages, which they did. He owed a fair amount of back support, and I would receive money when he got a Christmas bonus or a tax refund. He was laid off from BAE in Hamilton, Ohio last fall. He called and told me that BAE had told him that they would be withholding 52% from his severance and 401K to remit for back child support. They did not do this. I called with the local prosecutor in Indiana to make sure there was still an order (there was), and called the Indiana support info line to make sure he still owed back support (he did, $3600). It's not his fault the employer did not withhold it (although he was delighted and immediately booked a beach front hotel in Key West). Is the employer liable? In Indiana, the employer is liable for the money if they do not obey the court order and withhold the money. This, however, crosses state lines. Is the employer liable for the money in Ohio as well, or do they have to obey Indiana law per the court order? If the employer is liable, can they then go after him to collect, or is his debt simply reduced? I sent a letter to BAE (they didn't call me back) to inquire, and have not yet heard back from them.
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