Legal Question in Employment Law in Maryland
child support garnishment
My wife's ex husband was court ordered to pay us $450.00 a month for childsupport in july. Social services sent his work garnishment forms to be filled out and submitted. Since the court order, his company switched him to under the table payments to avoid garnishment. he hasnt paid a dime. Is this legal?
1 Answer from Attorneys
Re: child support garnishment
Since you actually refer to the ex-husband's wages as being paid "under the table" I think you already know the answer to the question. That is not legal. The more important questions are how do you prove it and what do you do about it?
If the court has issued a wage garnishment to the employer, and the employer has intentionally failed to withhold, then you may very well be able to obtain a judgment against he employer itself for failing to comply with the garnishment order.
If the child support enforcement division in your county is on notice of these facts, they may be able to help. Otherwise, you may need to go ahead and get an attorney to file the right papers in order to make that happen.