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Old May 24th 08, 02:34 AM posted to alt.child-support
Bob Whiteside
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Posts: 981
Default North Central Texas Corporation not remitting garnished...


"Muddle" wrote in message
...
child support payments in a timely manner in accordance with Texas state
law. If mailed they are supposed to be remitted and postal stamped the
same day they are garnished, if electronically remitted they are to be
sent the second business day. In this instance the corporation not the
parent is the deadbeat. I eventually get them, however they are always a
week or more late. I'm fairly sure they are holding them in a savings
account for a week or more collecting interest then when they garnish
another payment they start the process of remitting the previous payment.
Given the number of divorced people working there and the thousands of
dollars quite likely being played with by them that isn't theirs to play
with they are quite likely making a good chunk of change in interest.
The Texas Office of the Attorney General Child Support Division refuses to
do anything about this as I guess they have bigger fish to fry. I'm
thinking of placing an ad in the local paper requesting if any other
custodial parents of those working there would be interested in joining me
in a class action lawsuit against the company and the firm they have doing
payroll. Has anyone here any experience with this sort of thing,
information to impart, know any lawyers who specialize in making tons of
money off of deadbeat corporations etc.


Perhaps you can cite the Texas law that says CS garnishments must be
remitted to CP's as you suggested. If that law exists it is not going to be
invalid because it runs contrary to federal CS garnishment laws.

It is my impression you are trying to apply state CS accounting unit
disbursement law to employers which come under a different federal CS
remittance law. Employers have 7 business days to forward CS payments to
the state. The state then has 2 business days after receipt of the payments
to forward the CS to the CP. Considering mail time of about 4 days, and at
least 6 weekend days, there could be 7+2+4+6 or 19 calendar days between a
garnishment and when the CP gets the money.

Since your "complaint" is the garnishments are taking a week or more to
reach you, a proper perspective is to recognize you are getting the CS 10-12
days faster than the federal law requires.

BTW - If you have enough money to mount such a frivolous lawsuit, you should
have your CS reduced based on your lack of need for the CS money.