Ex is on Supplemental income and I dont recieve child support from them.

[sweetbaby271]

What is the name of your state? Texas

My ex works for the Railroad, and I have been recieving child support on a regular basis for 5 years until he became il in some way, not sure, and his doctor took away his license for 6 months. He isnt earning any wages now and is getting a supplemental income through the ritirement board. Why do I have to hire another attourney to have a seperate order for them to garnish his supp income when he is obligated to pay it whether he is making regular wages or not? Shouldnt they be able to use the divorce decree as proof that he is to pay it.. So that they can garnish it from his supp income?

 

[BL]

You do not make any sense , or you NEED to clarify what type of disability benefits He is receiving . In any event He would have to file a modification , or else arrears accrue .

 

[weenor]

What is the name of your state? Texas

My ex works for the Railroad, and I have been recieving child support on a regular basis for 5 years until he became il in some way, not sure, and his doctor took away his license for 6 months. He isnt earning any wages now and is getting a supplemental income through the ritirement board.

Is long term disability or early retirement?

Why do I have to hire another attourney to have a seperate order for them to garnish his supp income when he is obligated to pay it whether he is making regular wages or not?

You don't but if he is not paying now, you will still have to hire an attorney to file for the contempt so that the judge will order him to pay.

Shouldnt they be able to use the divorce decree as proof that he is to pay it.. So that they can garnish it from his supp income?

No. the purpose of a garnishment is for the court to ORDER an employer or insurer to pay. Until that time they are not under any obligation to take money out of his check to pay you. Btw..without a court order the company might liable to him for cutting that out of his check.

Bottom line....if you want the money hire an attorney and start the collections process. Be aware that if his disability is deemed permanent in nature, his child support obligation will likely be lowered for future payments.

 

[ceara19]

No. the purpose of a garnishment is for the court to ORDER an employer or insurer to pay. Until that time they are not under any obligation to take money out of his check to pay you. Btw..without a court order the company might liable to him for cutting that out of his check.

Bottom line....if you want the money hire an attorney and start the collections process. Be aware that if his disability is deemed permanent in nature, his child support obligation will likely be lowered for future payments.

If the order was issued in Texas, she probably won't need to go to court for a new withholding order. An order of withholding is included in the final order in almost every child support case. All she will need to do is either get a certified copy from the District Clerk where the order was issued and send it to the retirement board or give the info to the clerk and have them send it or, if the case went through the OAG, notify them and they will send it. As long as the income he is receiving is eligible for garnishment (which it more then likely is), they will have to start garnishment within 45 days.

If the OAG is involved, they will eventually find out about the change on their own, but it can take up to 6 months if the employer doesn't notify them about the change of employment status. Then they have to run his SS to find out if he is being paid by a different employer. Once that is done, they will send the new wage assignment.

She will still need to go back to court (or the OAG) if there are any arrears.