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mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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I have a child support case in North Carolina. My estranged

Customer Question

I have a child support case in North Carolina. My estranged husband has been ordered to pay a certain amount a month. The child support enforcement office states that they have sent a order to his employer to withdraw the money from my estranged husband check; however, his employer will not cooperate. He owes me $50,000 IN ARREARS. When I try to get answers, I am told that because they cannot serve him, there is nothing that they, child support, cab do.
Submitted: 1 year ago.
Category: Family Law
Expert:  mkc1959 replied 1 year ago.

If your ex in fact works for the employer and the em

Expert:  mkc1959 replied 1 year ago.

the employer refuses to withhold support, then the employer becomes directly liable to you for the support regardless of whether your ex is served with papers or not. This assumes there is an existing court order for child support. Legally you have the option to retain a private attorney or work with a child support collection agency. You do not have to wait on the State to do something. Many child support agencies will retain a lawyer for you if your ex continues to refuse to pay the support.

Customer: replied 1 year ago.
It is the child support agency that is telling me that there is nothing that they can do. Can I go after his employer for my child support and damages?
Expert:  mkc1959 replied 1 year ago.

The State agency or a private agency? If the employer has been served with a withholding order and is not paying, then you can sue the employer.

Customer: replied 1 year ago.
I have requested a copy of my records from child support and I will be contacting an attorney.
Expert:  mkc1959 replied 1 year ago.
I hope the best for you.
Please hit the accept button so that I may be paid.
Customer: replied 1 year ago.
One last question, if I pursue his employer can I sue for damages, pain and sufferings and possibly attorney fees?
Expert:  mkc1959 replied 1 year ago.

I do not think you could sue for damages or pain and suffering. However, you could sue for attorney fees.

That would be the normal situation for child support. If the employer has taken a more involved position, such as making an "intentional" decision not to pay the child support rather than just being unaware of the legal requirements, then maybe you would have a claim for damages, but typically not.