As a Boise Divorce Attorney I am regularly greeted with a groan when I tell my clients that in their child custody cases they will be ordered to have mandatory withholding of their child support obligation.
The legislature required that child support be automatically withheld because there are a significant number of people who owe child support and do not pay it. Because every parent has an obligation to provide for the care and support of their child, the legislature found that automatic withholding was an effective remedy for non-payment.
In all child custody cases the court orders automatic withholding of child support unless it can be shown that it is not in the best interest of the child. Good luck proving that! If a child custody case has been heard and an order issued but no automatic withholding was ordered, if that child support obligation becomes delinquent the court can and will go back and order automatic withholding.
An employer must obey the order to withhold the child support and if they do not they are subject to a $300 fine per each violation. One wouldn't necessarily think that there would be employment law issues in regard to child support, however, employment lawyers in Boise ID will tell you that is not the case.
If an employer fires you or refuses to employ you because you have a child custody order which requires that your child support be automatically withheld, employment law kicks in and punishes the employer. You can file an employment law claim against your employer and receive two times the salary your employer owes you plus attorneys fees. Employment lawyers in Boise ID will tell you that is a pretty good deal.
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