Skip to main content
Blog Post

Employer Accused Of Pocketing Child Support Payments

lawyer meeting client for consultation
Book Your Initial Consultation
1-866-323-7529

albany_times_union_logoCourt orders leave employers responsible for deducting child support payments from employees’ paychecks and sending the money to the state child support collection unit.

But when they fail to do so, it is often the employee that ends up in a bind.

Cordell & Cordell Albany litigation manager Chad Jerome was quoted in the Albany Times-Union regarding the seemingly no-win situation of Loubert Legros.

Mr. Legros is the former executive chef at now-closed Carmine’s Restaurant in Albany and alleges that he lost eight months of court-ordered child support payments that were deducted from his paycheck but pocketed by owner Carmine Sprio.

Cordell & Cordell Albany Litigation Manager Chad Jerome
Cordell & Cordell Albany Litigation Manager Chad Jerome

Mr. Legros shared documents showing that more than $6,800 was deducted from his pay while at Carmine’s, but only two payments totaling just over $300 were submitted.

Rather than pursuing action against Mr. Sprio, the court is holding Mr. Legros responsible for the missed payments.

Since the county declined to pursue the case, it appears Mr. Legros is left with very few options. He told the Times-Union his only option of recourse might be to file a civil claim against Sprio. However, even that is a no-win situation, according to Mr. Jerome.

“He has a remedy but no real remedy,” Mr. Jerome said.

Mr. Jerome added that the law does allow a person to sue their employer for the lost child support payments, but that could leave them without a job. On the other hand, a court could rule in the employee’s favor, but obtaining the money for the missed payments is not a sure thing if the employer doesn’t have it.

That again leaves the employee responsible for making up the missed child support payments.

Click here to read the full story.

Joseph E. Cordell, founder of Cordell & Cordell family law offices

Written by Joseph E. Cordell

Co-Founder, Principal Partner
Joseph E. Cordell, founder of Cordell & Cordell family law offices

Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.

father with kids on couch

A Partner for Dads

We have 100+ offices serving 35 states.
Connect with a local Cordell & Cordell attorney for accurate, state-specific legal advice on divorce, custody, and spousal support issues.
cordell icon white

Why Hire
Cordell & Cordell?

Our clients hire Cordell & Cordell because the firm is committed to relentlessly advocating for the rights of individuals and parents involved in divorce or family law matters. Cordell attorneys understand the challenges and imbalances that can arise in these situations and are dedicated to providing the legal guidance and resources needed to level the playing field—giving our clients a fair chance at success.