Document: MOTION
Link: [Open PDF](https://42o.org/l3g4l/552.0 MOTION 2023-10-12 .pdf)
Filing Date: 2023-10-12
Summary (Justice Demanded)
Unified Document Summary:
This document presents a substantial legal injustice faced by Aaron Surina in the case “Surina v. Surina,” wherein he has been unfairly burdened with child support arrears due to non-compliance of an Income Withholding Order by his former employer. Despite his commitment to fulfilling his child support obligations, Surina has been held responsible for a significant amount of back support arrears, approximately $8,000, which accrued from 2020 to 2022.
Pertaining to these arrearages, Mr. Surina was never notified by his employer or the Department of Child Support (DCS), and he was under the assumption that his child support payments were being regularly deducted from his wages. This lack of communication and the employer’s negligence resulted in an unjust situation where Surina was made to shoulder the consequences of his employer’s failure to act in accordance with the law.
The circumstances reveal a clear breakdown in the system that failed to inform Mr. Surina about the accruing arrears. Furthermore, this situation raises concerns about a potential bias against Surina, as he has been held liable despite the law explicitly stating that the employer is 100% responsible for the petitioner’s owed money.
In response to this gross injustice, Mr. Surina is seeking a judgment that rectifies this situation by ordering his employer to pay the accumulated arrears to the petitioner. This plea underscores Surina’s struggle to secure financial stability for his children and rectify the hardship imposed on him and the Petitioner due to his employer’s non-compliance with the Income Withholding Order.
If the court does not act swiftly and favorably on this motion, it risks perpetuating the financial and emotional distress endured by Surina and reinforces a perception of bias against him. Therefore, in light of these facts, the court is urged to uphold justice by addressing this unethical conduct and ensuring future compliance with the Income Withholding Order by Surina’s employer.
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