Is there a way for me to file for contempt charges against my child's father's employer for not sending in all child support withholdings, and for not properly withholding support according to the income withholding order?
He is currently almost $60,000 in arrears, has been in contempt of court for almost 4 years now, the income withholding order is for $652/mo current support and $250/mo arrears payment. Last month I received 1 payment of $2.79. He currently has a child support warrant issued for him, but in 3 months has not been picked up on it. He lives in a small town, once a week I call the police station to have him picked up, give his current address, employer address and when he works.
This is a IV-D case in Arizona. I've been told by the local Child Support enforcement office that going after the employer is beyond the scope of what they can do, and all they are allowed to do is send a notice of non-compliance. The State Attorney has told me there is nothing more they can do until he is picked up on the warrant. They have declined to refer the case for federal prosecution, and due to budget cuts, department policy is to not prosecute for criminal nonsupport.
I live in the state of Utah, and would like my state to pursue criminal non-support charges but not sure how to go about it.
I would also like to go after his employer for the support they have withheld and not sent in- pay cycles are bi-weekly. Out of the past 26 paychecks, I have received support withholdings from only 14 paychecks.
He works as a waiter at a restaurant, when I first started getting child support, the company would hold credit card tips and pay them out on the paychecks. This changed though about a year later, and they now pay the tips out as cash each night. I came across info on a recent lawsuit against another resturant for this same thing, and the trial court held the resturant responsible for child support that could have been withheld from credit card tips, and the court of appeals affirmed the decision, because the money is within the employers control and held in their account, and they have the choice as to whether or not to pay it out in cash, or hold it to pay out on the pay check, making it available to pay child support obligations.
How would I go about filing such a suit against his employer? And how do I go about filing for contempt for them not sending in withholdings from each paycheck?