Child Support Collection - Wage Garnishment Ordered

[KatGood]

I am in Texas. My ex-husband & biological father of my son had been court ordered to pay child support at the time of divorce in 1996. His employer was great about sending payments to the County Child Support office and they in turn forwarded the check to me. In 8/2000, my ex changed jobs and moved. He informed me of the change and who the employer was, but refused to inform the county child support office, and asked if he could make payments directly to me. I agreed, and now he is several months behind. My son will be 18 in May and he has refused to pay me anything else and refused to pay the back child support he owes. What should my course of action be? I think I should contact his employer myself with copies of the divorce decree & wage garnishment portions. Is the employer then required to start deducting as of this date? Can I require the employer to go back to the date he started with them?

 

[LadyBlu]

The employer is only responsible for withholding beginning when they are served by the county court(District Clerk) of the wage withholding order.

You will need to petition the court for the arrears. You can contact the state Attorney General or hire a private atty to pursue the arrears. He will be ordered to continue support until he has paid what he owes, and the AG puts interest on arrears.

 

[MySonsMom]

This won't help with arrearages, but when our bio Mom changes jobs; all we have to do is send her new employer a copy of the child support obligation (court papers which states her child support) and they have like 30 days to start withholding her child support. She has 2 separate garnished child support withholdings, so she has limited her job jumping quite a bit....I'm sure it is a bit embarrassing for her. (It would be for me)

 

[spy28]

I am not a lawyer, but this is what I know about the State of KY laws. You can send the employer a copy of the Wage Assignment order. They are required to withold his Child Support whithin a certain amount of time from being notified. You should also contact the CSE office in your state to make sure your case is still active and reopen if it is not. It they reopen it, they will send the Wage Assignment to the employer. They will, however, not go after arrears. You must file a motion in family court to be awared a judgement for the amount of arrears. Once you have that judgement, you can give it to CSE to collect on or try to collect on your own. The Fair Credit Reporting Act gives you the right to obtain a credit report because you have a legal judgement against this person. You can do a real property search and file liens on his property or even file for a Writ of Non-Earnings Garnishment to directly draw the money from his bank accounts. I hope that helps....