Is it illegal for my husband’s employer to eliminate his position so he would be able to terminate child support owed to me and then rehire him?

My ex-husband was paying child support to me. His employer eliminated his position and he immediately filed for unemployment and a child support conference to terminate child support. Support was terminated and I had to give up my arrears or face paying his mortgage. I only get to keep arrears if he takes me back for child support. If I do, I lose it. I also am still responsible for health insurance for him and our 2 children. His company rehired him within a month. Is there some kind of law where this is illegal? His employer is not the most trustworthy and I’m betting that they set this up to get rid of child support. What are my options and what can I do? If I can somehow prove this was a set up what will that do?

Asked on September 14, 2017 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The employer is not subject to your divorce agreement or order, or any settlement orders, and is not bound by them,and also was not a party to your dirorce; the family court has no power of the employer. Even if the employer did this to help their employee, that is--for them (the employer)--legal. Your ex, however, could suffer sanctions or punishment for acting to defraud not just you but the court, too, by trying to escape a court order or a court-approved settlement. Speak to a family attorney about getting your support reinstated and also about what sactions you can look to try to impose on your ex.


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