Can my husbands boss do this?

If I was in this situation, I would not be posting it on any forum. You have to know your priorities & get your lives back on track. wish you the best.

 

if you werent managing the accounts and checking settlements every week well enough to know when the first thousand dollars wasnt taken out then you dont need to own a truck.

i maybe think though it was known and they thought they had hit the goldmine with free fuel, by the way, what happened to that 34,000 dollars?? spent at wal-mart?

 

This thread has brought out the banker in me.

First, your husband is not an Owner/Operator. An Owner/Operator has his own authority. That is the Operator part. He also Owns his own truck. So your husband is an OWNED/worker. A slave. You do not have to pay slaves. That is part of the word. Slavery in this country is still legal. That is the Child Support issue. You can be required to go to prison for a debt. Again, unconstitutional but "if we can save just one child." I hate liberals.

So, what to do. First, he has a contract of some kind. Correct? If the company is paying him, they are the ones collecting the money from the jobs he is doing. He therefore is not in a situation he cannot walk away from. Or in this case, run away from. Child support can be taken out of anything that has money in it. All bank accounts can be taken. Your house can be sold. Now, there is an injured spouse law that allows you to protect yourself against extreme measures. Get to a lawyer and do so. NOW.

Back to the contract. What company does he work for? This information needs to be posted. Different companies have different policies. You need to get on the phone and call OOIDA right away. They have a review process. Not a member of OOIDA? Join. What do you think they are for? This very problem.

He drives the truck. He should be getting paid for that. Does he find his own loads? Doesn't sound like it. He isn't paying for his fuel, they are. And the most important question, what interest rate is he paying for his truck? Don't tell me he owns it out right because I won't believe that. Are the words "Trans Am" written on the side of the truck? Not accusing Trans Am but a few years ago, lots of those folks got the shaft.

An Owner/Operator is a businessman. Your husband is a businessboy at best. He could learn but I think that being behind on child support shows he isn't exactly paying attention to the details. And I WENT TO PRISON for back child support.

What he needs is expert legal advice. Not general advice from those of us with a computer and time on our hands. Call OOIDA at 1-800-444-5791

 

Exactly!

I'd love to see the carrier's accounting also.

 

This couldn't be a real post......must have been the wife of a Prime driver, sittin up front while her "businessboy" slept...roflmao

 

15 states and 1 territory ( Guam ) are required by state law to report their IC's and if caught the employer faces non compliant penalties.

That information is found here.

Should the state law not be enough to make it happen. The person who is being paid the support can file a Withholding Order from a Child Support Enforcement Agency. That helps with those that live in one state and work in another.

Question 8 covers this.

Bottom line is, yes, you can withhold child support from an employee that you don't withhold taxes from.

 

So im self employed as a lawncare specialist ... I cut your grass weekly for the past 5 years...do you withhold my child support?

........exactly

an independent contractor is not an employee

 

wooly , for the past 33 years i have heard drivers who owned their truck, whether they had authority or not, leased to a company referred to as owner/operator. in the 70's before dergulation and even for a good while after it was a rare rare thing for a one truck (or even with several trucks) operation to have authority. it is ,in the grand scheme of trucking , a recent development where authority is so easy to obtain. i first got mine in 1995 and ran exempt commodities without authority for 3 years before that. i put my authority on hiatus in 2009. the one truck owner has to be a businessman whether he is leased to a company or has his own authority. each has its own challenges and is just as difficult.

and in reality these jokers doing the lease/purchase deals from the company they are leased to have the biggest challenge, if a guy can do that and come out on top , he has what it takes.

but the fact really is, if you own it outright, make payments on one, lease one and make lease payments every month ( not lease purchase but a straight up lease), or do a lease purchase , you have a small business which you own and operate, under different scenarios and constraints.

 

this is only true in some states, since he is leased to one company and gets all of his revenue from one source alot of states have passed bills to make it legal to collect child support this way..

as to the original post..

they bank rolled alot into this truck, and wow you and your husband should have been on top of this but live and learn..

first how his he paid? by the mile or percentage?

are you keeping track of how much is getting paid down each week?

i would sit down with the company and try to reach a solution that works for everybody, figer a budget that will barley get you by on and see if something can be arranged, if not cut the losses and move on and dig your self out running someone elses truck and have more of a steady income

 

You can spin it anyway you like. You can use however many poor examples you feel are needed to make a fruitless point. Bottom line is if you have been taken to court and are required to pay child support, whomever you are employed by or independently contracted with, they are required by law to let the proper authorities in their state know of your status so that the support will get withheld. Perhaps not every state in the union has those laws in place, but there are enough that do that your original blanket statement "you cant take child support from an employee whom you dont take taxes from...it is the individual responsibility to pay his support" wasn't entirely true.