Man says child support payments misappropriated

CHARLESTON - A Charleston man is suing Ashby's Pre-Owned Autos Inc. after he claims his child support payments were withheld from his income, but were not given to the Bureau for Child Support Enforcement.

Brian Ashby was also named as a defendant in the suit.

On Jan. 1, 2011, Lee Dyess was hired by Asbhy's as a general laborer at $10 per hour, according to a complaint filed Aug. 28 in Kanawha Circuit Court.

Dyess claims he has two minor children and he is obligated to pay child support, and the defendants were sent an income withholding order from Kanawha Family Court that ordered the defendants to withhold money from his paycheck for child support obligations.

The defendants were required to immediately tender the withheld income from Dyess' paycheck to the Bureau for Child Support Enforcement to pay his child support obligation, according to the suit.

Dyess claims the defendants withheld the money from his weekly paychecks, but did not make the required payments to the child support as required by state law.

As a direct and proximate result of the defendants' actions and inactions, Dyess was notified by the BCSE that his child support payments were in arrears and on Jan. 12, 2012, the defendants received a Statement of Support Obligations for Obligor, indicating that Ashby's owed the BCSE more than $2,500 to be paid on behalf of Dyess' minor children, according to the suit.

Dyess claims as a result of the defendants' actions and inactions, he did not receive his earned wages since the defendants failed to contribute his withheld proceeds to the BCSE.

When Dyess complained to the defendants about his child support being in arrears, he was verbally disparaged by Ashby and on Feb. 13, 2012, his employment was terminated, according to the suit.

Dyess is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Lia DiTrapano Fairless of DiTrapano Law Firm PC and Richard E. Hardison Jr.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1639