Legal Question in Family Law in Indiana
Subcontractor Pay
My ex currently owes me over $8500.00 in back child support. He keeps quiting his job whenever we find out where he is working. Recently I discovered that he is working for a previous employer (which he ''quit'' right after a support order went there last time) and is now getting paid as a subcontractor with no taxes taken out. I have found numerous articules online (including on in.gov) where the said company is still responsible for taking the support out it just needs to be figured differently. I contacted my case worker and they said that they have to look into it further and let me know. Am I correct in saying that they should take it out still or are there loop holes for the said company to get around having to take it out??
2 Answers from Attorneys
Re: Subcontractor Pay
You are correct. Income includes payments like this, whether to an employee or to an "indpendent contractor". They must still withhold.
Re: Subcontractor Pay
You are correct. However, you might try something that will be more effective than a regular wage order. You might want to try a straight garnishment, that requires the garnishee defendant (the company) to freeze all monies and to appear in court to answer questions about money owed. You may then get a turnover order to obtain all of the money. My guess is that your ex will all of a sudden become an employee again ( where there are limits on how much you can garnish).
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