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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37019
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I was employed years with a business. They received paperwork

Customer Question

I was employed for 4 years with a business. They received paperwork stating that they were to withhold child support from my pay. They did this until June of last year when my employer quit making payments. the money was still deducted from my pay but never sent. now i am behind even further a year of which was not my fault. Also my employer has not given me a W-2 so that I may file my taxes. This issue has gone on for 2 years. The company fired me for reasons dealing with this and other issues and think they are off the hook for paying my late child support. What can I do? what are my legal options?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
It was illegal for your company to withhold the support and not pay it over to the state. You may file a formal complaint with the State Attorney General's Office.
You may also sue the employer to recover the payments that they withheld and did not forward to support services.
If your employer fails to issue you a W-2, you need to look at your pay stubs so that you can estimate your income to report for tax purposes and indicate with your return that your employer refused to give you a W-2. This will get the employer on trouble with the IRS as well.
You might also consider filing a complaint with the state child support services and ask for their assistance in getting to the bottom of this issue. The complaint process is set out here:
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,