What remedies are available if an employer fails comply with the withholding order or withholds funds but does not disburse them to the obligor?
The withholding order is binding on the employer even if he is not named in the order.
He must begin withholding the court ordered amounts from the obligor’s pay checks not later than the first pay period after the date that the order was delivered to him. Failure to do so may cost the non-complying employer a fine of $2000.00 per violation. An employer who fails to pay funds withheld to the obligee is liable to that person for the amount not paid. An employer who withholds the funds but fails to pay them is liable to the obligor. Either party may recover attorney’s fees in a suit against the employer.
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