freedom123
addict
Reged: 05/21/07
Posts: 528
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I'm really just wanting to ease my mind...how long does it take once an order is filed for garnishment of wages? I called CSE today and asked because my kids haven't received any CS for the month of April. I understand that it takes a little bit to get the CS going so I just wanted to know a timeline for when to expect it (and hopefully it's soon). Anyway, when I called the office, they told me that they haven't received anything on my account yet. They told me that for whatever reason, the employer hasn't paid it yet (it could be that it wasn't taken out of his check or it could be that the employer took it out and hasn't followed through with the garnishment). My x was paid over 2 weeks ago. Is this typical? CSE told me that the order was to go into effect on March 29th.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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For me it took less than 2 months. I hear it can take up to 6 months though.
Did CSE tell you when they sent the income assignment to his employer?
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11736
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For our state...once the employer is notified of the income withholding order, they have 14 days from the date of the letter to them to start withholding. Then...it took about a week from the date DH got paid for CSE to receive the money...and another 3 days for it to get to BM. It took a couple of months for CSE to get off their butts and send the withholding order though.
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freedom123
addict
Reged: 05/21/07
Posts: 528
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They didn't tell me...I honestly didn't know to ask. I asked if his employer would have known by the 15th and she told me that they should have. Shouldn't my x have noticed if his wages were garnished or not? He's not someone I can call and ask...he'd just say they were whether they were or weren't so I'd never know if he's telling the truth. Honestly, we're talking about a man who's avoiding filing his taxes because CS is going to be reviewed and his income is actually $50,000-90,000 higher than what was set for temporary CS.
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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Yes your X would notice, I'm sure!
If it's only been a few weeks I wouldn't count on getting anything until June.
The first time CSE went to garnish XH's wages it took less than 2 months - but at the time X worked for a large company and they were on top of that stuff. When he got fired and went to work for the restaurant he works for now, they didn't start garnishing until after they realized I was taking him to court and THEY could also be held in contempt. They were sent THREE income orders before they started garnishing. They've also been sent income assignments by CSE for BM (he's only responsible to pay half of exDSD's part time childcare now that she's in kindergarten, not CS but it's still garnished through CSE)...and she is STILL not getting anything and he's worked there since August. They are picking and choosing what rules to follow - they know BM wont' do anything about it, but I will - therefor they're garnishing for me but not for her.
Does he work for a smaller company? I'm serious when I say stay on TOP of CSE about this. Call them and ask EXACTLY when they sent it - and if they've heard any response, and when you should expect something - and how long before they will do something if you don't receive anything.
I had to call almost daily before they'd do something - now CSE has filed contempt against X and were about to against his employer, but haven't. (since he bartends, only about $200 every other month is what they garnish, and what I receive).
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11736
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For our state, whenever CSE sends a wage order to the employer, they also send me a copy, and the NCP a copy. Not sure if your area does it the same...but I would think you would need a copy of that....maybe go to the court house and get one?
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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I'm trying to remember if CSE sent me a copy of not...if not I'm sure she could call up there and get one. It's so crazy how every state and even county does things differently..
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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My employers always complied immediately.
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GO CUBBIES!!!!
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JennyLynn
Carpal \'Tunnel
Reged: 07/14/05
Posts: 31656
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But they don't all comply immediately, unfortunately.
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lovinmykids
old hand
Reged: 01/10/08
Posts: 868
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My husband's pay was attached starting the 1st paycheck after court. He was paid 9 days after court and cs came from his check.
When my ex was originally ordered to pay it took 4 monthes. Then as soon as they took the cs he quit his job. I didn't see another dime for almost 12 years.
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