child support garnishment

gregoryscott

We've received a notice from an out-of-state county agency requiring us to withhold a specified amount from a worker's paycheck until further notice.

The worker in this case is an independent contractor, not an employee (the letter uses the term employee throughout). I want to comply of course, I just want to make sure the independent contractor doesn't have a claim against us once he sees a huge chunk of his check missing.

Any other issues I should be aware of?

LarryC

Greg, I would not deduct anything from what you are paying the independent contractor. First of all, you do not pay the contractor a paycheck. You give the contractor a remittance for the invoice that covers the work. I would notify the county in question that you cannot make deductions for them because 1)the person is not an employee of yours, 2)therefore you do not furnish a paycheck to this person, and 3)they should take up any issues they have with the contractor with the contractor. The county is asking you to partially pay an invoice with the difference going to them which then would lead to a claim against you by the contractor for nonpayment of an invoice.

LivindonSouth

I agree with Larry. And you should also review your state policy regarding the enforcement of garnishments originating across state lines. But, basically, an employer cannot honor a garnishment when the individual is an independent contractor.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

HRCalico

In Nebraska, you CAN garnish on an independent contractor, but the ongoing nature of the garnishment is different than what I have dealt with (garnishing to recover unpaid utility bills). The crossing state line thing is also troubling. I'd contact the court/agency from which this came, and perhaps contact your local court people or the agency's equivalent, if possible (I can get away with that living in a rural community. You may not be able to get any answers).

Good luck!

E Wart

I believe you can deduct this for CA independent contractors as well. Make sure you check your state laws.
E Wart