Q: Why contempt court for unreported child support instead of garnishing benefits?
I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the court order the same, despite his attempts for modifications. There is an existing garnishment order for employers, but it hasn't applied to his current workers' compensation payments. Why are we scheduled to go to contempt court instead of garnishing these benefits for child support payments?
A: When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to advise the WC carrier to deduct the funds from the WC benefits. There is NOTHING for either party to "report." I assume that the employer is the object of the contempt Hearing. I cannot tell you anymore from my perspective as a WC attorney. You may wish to repost this under Family Law or simply ask your attorney.
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