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    State Employers and the income withholding penalty. Does anyone know how this works with state agencies? It should work the same according to the act, but I know as soon as I file something they will say , oh no, amendment 11 immunity or something, how can the largest employer in the state be the worst example when it comes to not withholding and paying over timely? Has anyone ever gotten the $100 dollar a day penalty from the comptroller? Or heard of anyone who did? I know there is a special money judgment rule 413 that support judgments have to be enforced and can't be stayed, but how do you get the state to pay up ? I'm not just talking backpay, they have never paid since being served with orders in January. CES won't take them on obvoiusly.
    Last edited by emilar; 04-20-2008, 04:32 AM. Reason: typos

  • #2
    Originally posted by emilar View Post
    State Employers and the income withholding penalty. Does anyone know how this works with state agencies? It should work the same according to the act, but I know as soon as I file something they will say , oh no, amendment 11 immunity or something, how can the largest employer in the state be the worst example when it comes to not withholding and paying over timely? Has anyone ever gotten the $100 dollar a day penalty from the comptroller? Or heard of anyone who did? I know there is a special money judgment rule 413 that support judgments have to be enforced and can't be stayed, but how do you get the state to pay up ? I'm not just talking backpay, they have never paid since being served with orders in January. CES won't take them on obvoiusly.
    Is your ex still on worker's comp?

    If so, was the insurance company served with the income witholding order?

    If ex is back to work, is it the same employer as before? You mentioned in another thread that your ex's employer paid the witholding without problems until ex went on workers comp.

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    • #3
      back to work

      I'm not sure, xena. This is so screwed up. Workers Comp has been served too. But they are both the comptroller since Il is self insured, now his attorney has bailed on him. She wrote in her motion to withdraw that he was able bodied, makes a substantial salary and has lots of assets to pay her with, when at our last hearing she was claiming he was so sick and had so many bills he couldn't pay any support at all. How does that work? Any she she swore to this under rule 137 which she has never done before and which I have asked about a lot since none of her pleadings seemed truthful. The judge won't let her withdraw yet, because she filed for the reconsideration. I know what she said about him being able to pay is standard legal jargon, but doesn't that totally cancel out her whole reconsideration argument.
      Last edited by emilar; 04-20-2008, 01:19 PM.

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