What happens if a payor's new employer fails to comply with a garnishment notice?
An employer that is properly served with a support deduction order has a legal obligation to comply by withholding and remitting the specified amount from the payor's pay; it isn't optional or something the employer can simply choose to ignore. If an employer fails to comply, the Family Responsibility Office has tools to pursue the employer directly, since the obligation to deduct and remit runs to the employer once properly notified, separate from the payor's own obligation to pay support.
In practice, employer non-compliance can happen for various reasons, from a genuine administrative oversight to a deliberate attempt to help the payor avoid the deduction, and FRO's response can differ depending on which it appears to be. Persistent or deliberate non-compliance by an employer can expose that employer to its own consequences under the enforcement framework. A recipient who suspects a new employer isn't complying with a deduction order should notify FRO promptly with whatever details are available, such as the employer's name and the payor's apparent continued income, so FRO can follow up directly with the employer.
Key takeaways
- Employers properly served with a deduction order have a legal obligation to withhold and remit support.
- FRO can pursue an employer directly if it fails to comply with a valid deduction order.
- Non-compliance can expose the employer to its own consequences under the enforcement framework.
- Notify FRO promptly with details if a new employer appears not to be complying.