Form AOC-CV-625 "Order on Motion to Join Employer as Party to Enforce Wage Withholding" - North Carolina

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Download Form AOC-CV-625 "Order on Motion to Join Employer as Party to Enforce Wage Withholding" - North Carolina

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Court File No.
STATE OF NORTH CAROLINA
IV-D Case No.
County
In The General Court Of Justice
District Court Division
Name Of Plaintiff
ORDER ON MOTION TO JOIN
EMPLOYER AS PARTY TO
VERSUS
Name Of Defendant
ENFORCE WAGE WITHHOLDING
G.S. 110-136.8(e)
Name And Address Of Employer
Name And Address Of Obligor (Employee)
Federal Tax ID No.
The Court makes the following findings of fact and conclusions of law based on the record and the evidence presented:
FINDINGS
1.
This matter is before the court pursuant to a Motion To Join Employer As Party To Enforce Wage Withholding.
2.
The Motion and a Notice of Hearing were properly served on the employer named above. A hearing was held
pursuant to that notice, and the employer:
a.
appeared in person or through an attorney by
by filing an answer.
attending the hearing
b.
did not appear.
3.
Pursuant to an Order entered under G.S. 110-136.5 or to an administrative determination made under
, with an Withhold Income For
G.S. 110-136.4, the employer was served on
,
Child Support.
4.
On or after the date on which the Order/Notice To Withhold Income For Child Support was served, the employee
named above
was
was not emploiyed by the employer.
5.
The disposable wages of the employee on the date on which the Order/Notice To Withhold Income For Child
Support was served were $
per
, and on this date are $
per
.
6.
Pursuant to the terms of Order/Notice To Withhold Income For Child Support the date on which the employer was
obligated to begin withholding was
and the employer
did
did not
begin withholding on that date.
7.
For the following pay periods the employer failed to withhold from the employee's disposable wages and send to the
North Carolina Child Support Centralized Collection Office the amount, or the percentage of disposable wages,
specified in the Order/Notice To Withhold From Income For Child Support.
(Identify pay periods. If none, state none.)
.
8.
For the following pay periods the employer withheld an amount from the employee's disposable wages but did not
send all of the withheld amount to North Carolina Child Support Centralized Collection Office within seven (7)
business days of the date on which employee was paid.
(Identify pay periods. If none, state none.)
.
From the date on which the Order/Notice To Withhold From Income For Child Support was served to this date,
9.
the employer should have withheld from the employee's disposable wages and sent to the North Carolina Child
Support Centralized Collection Office a total of $
but has instead only sent $
.
10.
Other
(specify)
(NOTE:
)
This form may be used in both civil and criminal cases.
AOC-CV-625, Rev. 11/08
(Over)
© 2008 Administrative Office of the Courts
Court File No.
STATE OF NORTH CAROLINA
IV-D Case No.
County
In The General Court Of Justice
District Court Division
Name Of Plaintiff
ORDER ON MOTION TO JOIN
EMPLOYER AS PARTY TO
VERSUS
Name Of Defendant
ENFORCE WAGE WITHHOLDING
G.S. 110-136.8(e)
Name And Address Of Employer
Name And Address Of Obligor (Employee)
Federal Tax ID No.
The Court makes the following findings of fact and conclusions of law based on the record and the evidence presented:
FINDINGS
1.
This matter is before the court pursuant to a Motion To Join Employer As Party To Enforce Wage Withholding.
2.
The Motion and a Notice of Hearing were properly served on the employer named above. A hearing was held
pursuant to that notice, and the employer:
a.
appeared in person or through an attorney by
by filing an answer.
attending the hearing
b.
did not appear.
3.
Pursuant to an Order entered under G.S. 110-136.5 or to an administrative determination made under
, with an Withhold Income For
G.S. 110-136.4, the employer was served on
,
Child Support.
4.
On or after the date on which the Order/Notice To Withhold Income For Child Support was served, the employee
named above
was
was not emploiyed by the employer.
5.
The disposable wages of the employee on the date on which the Order/Notice To Withhold Income For Child
Support was served were $
per
, and on this date are $
per
.
6.
Pursuant to the terms of Order/Notice To Withhold Income For Child Support the date on which the employer was
obligated to begin withholding was
and the employer
did
did not
begin withholding on that date.
7.
For the following pay periods the employer failed to withhold from the employee's disposable wages and send to the
North Carolina Child Support Centralized Collection Office the amount, or the percentage of disposable wages,
specified in the Order/Notice To Withhold From Income For Child Support.
(Identify pay periods. If none, state none.)
.
8.
For the following pay periods the employer withheld an amount from the employee's disposable wages but did not
send all of the withheld amount to North Carolina Child Support Centralized Collection Office within seven (7)
business days of the date on which employee was paid.
(Identify pay periods. If none, state none.)
.
From the date on which the Order/Notice To Withhold From Income For Child Support was served to this date,
9.
the employer should have withheld from the employee's disposable wages and sent to the North Carolina Child
Support Centralized Collection Office a total of $
but has instead only sent $
.
10.
Other
(specify)
(NOTE:
)
This form may be used in both civil and criminal cases.
AOC-CV-625, Rev. 11/08
(Over)
© 2008 Administrative Office of the Courts
CONCLUSIONS
1. This matter is properly before the court and the court has jurisdiction over the parties and the subject matter.
The employer named above
should
should not be joined as a party to this action.
2.
3.
The employer named above
has
has not willfully refused to comply with the provisions of
G.S. 110-136.8.
4.
The employer
is
is not required to withhold under G.S. 110-138.6
5.
The employer
is
is not liable under G.S. 110-136.8 for the difference between the amount the employer
should have withheld and sent to the North Carolina Centralized Collection Office, and the amount the employer did
send.
ORDER
It is ORDERED that:
1.
The employer named above is joined as a party in this action, and shall:
a.
withhold from the disposable wages of the employee named above, in each pay period which begins after
this date, the amount or percentage set forth below, and comply in all other respects with the requirements of
G.S. 110-136.8.
Amount*
Maximum Allowable Percentage
Weekly
Monthly
$
%
Bi-weekly
Other (specify)
*NOTE:
This amount plus $2.00 processing fee must not exceed the maximum allowable percentage.
,
b.
pay on or before
,
, to the North Carolina Centralized Child Support
Centralized Collection Office for the benefit of the obligee in this action the amount of $
,
being the amount for which the employer is liable under G.S. 110-136.8(e).
c.
Other:
2.
The initiating party's Motion To Join Employer As Party is denied.
3.
Costs are:
disallowed.
taxed to
employer.
initiating party.:
waived.
Date
Name Of Presiding Judge (Type Or Print)
Signature Of Presiding Judge
AOC-CV-625, Side Two, Rev. 11/08
© 2008 Administrative Office of the Courts
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