Is an Income Deduction Order transferable to another employer?
Question from AVVO.com:
She quit her last job as a paralegal for a personal injury lawyer to get out of the Income Withholding order. The income withholding order was just done couple months ago with the employers name on it. Can I send that to the new employer even if there name is not on it. She is working for another personal injury lawyer. I don’t have much money since I have to take care of whats important first for my daughter which is 3 to even pay for a lawyer to set things right. In the divorce its states she is to pay for health insurance, half of the medical expense and half daycare.
My Answer:
Even though it has the specific name of her prior employer, there is language in the Order which will make it applicable to future employers. You will have to send a copy of the Income Deduction Order to her new employer and send it certified mail/return receipt requested so that you have proof that it was received. It also must be a Certified copy which you can obtain from the clerk.
You also mentioned that she is to pay for health insurance, half of the medical expenses and half of the daycare expense. I assume this is in your marital settlement agreement and/or final judgment that she is to do so. If she is not doing this, then your only option is to proceed with a motion to enforce the final judgment and schedule a hearing on it. A mediation may be required prior to a hearing. Also, if you attend a hearing you will need to provide proof as to the health insurance, medical and daycare expenses that you have paid and of which she should have paid all or half.
She quit her last job as a paralegal for a personal injury lawyer to get out of the Income Withholding order. The income withholding order was just done couple months ago with the employers name on it. Can I send that to the new employer even if there name is not on it. She is working for another personal injury lawyer. I don’t have much money since I have to take care of whats important first for my daughter which is 3 to even pay for a lawyer to set things right. In the divorce its states she is to pay for health insurance, half of the medical expense and half daycare.
My Answer:
Even though it has the specific name of her prior employer, there is language in the Order which will make it applicable to future employers. You will have to send a copy of the Income Deduction Order to her new employer and send it certified mail/return receipt requested so that you have proof that it was received. It also must be a Certified copy which you can obtain from the clerk.
You also mentioned that she is to pay for health insurance, half of the medical expenses and half of the daycare expense. I assume this is in your marital settlement agreement and/or final judgment that she is to do so. If she is not doing this, then your only option is to proceed with a motion to enforce the final judgment and schedule a hearing on it. A mediation may be required prior to a hearing. Also, if you attend a hearing you will need to provide proof as to the health insurance, medical and daycare expenses that you have paid and of which she should have paid all or half.
By Lynette Silon-Laguna Google+
