Support payment due date dispute question (Texas)

[populardork]

Texas child support question.

My divorce decree states that child support and medical reimbursement are due at the beginning of each month. However, I get paid twice a month on the 15th of the month and on the last day of the month. The withholding order for wage garnishment specifies that half of each month's support amount be garnished from each paycheck. My ex is pursuing an enforcement action against me because she didn't receive her support payment at the beginning of the month. I tried to explain to her that her support payments will come each month as my wages are garnished but she says that I'm not in compliance with the divorce decree. My attorney said it is standard practice for the divorce decree to state that support is due at the first of the month but, in actuality, the payments occur according to the obligor's pay schedule as garnishments occur.

It seems reasonable and appropriate to me that each month's obligation is satisfied as garnishments are withheld from each month's paychecks. However, the divorce decree does specify the beginning of the month. Am I at risk here? Do I need to seek a modification of the divorce decree to align the due date in the decree with my pay schedule and withholding order?

 

[LdiJ]

Texas child support question.

My divorce decree states that child support and medical reimbursement are due at the beginning of each month. However, I get paid twice a month on the 15th of the month and on the last day of the month. The withholding order for wage garnishment specifies that half of each month's support amount be garnished from each paycheck. My ex is pursuing an enforcement action against me because she didn't receive her support payment at the beginning of the month. I tried to explain to her that her support payments will come each month as my wages are garnished but she says that I'm not in compliance with the divorce decree. My attorney said it is standard practice for the divorce decree to state that support is due at the first of the month but, in actuality, the payments occur according to the obligor's pay schedule as garnishments occur.

It seems reasonable and appropriate to me that each month's obligation is satisfied as garnishments are withheld from each month's paychecks. However, the divorce decree does specify the beginning of the month. Am I at risk here? Do I need to seek a modification of the divorce decree to align the due date in the decree with my pay schedule and withholding order?

No, you are not at risk here. Your ex is being unreasonable...UNLESS there was a delay in the garnishments getting going and/or a delay in your employer remitting the garnishments to the state. It often takes 4-6 for a garnishment to get started which means you would have needed to pay support directly until the garnishment got started. It is also not uncommon for employers to add a couple of weeks delay (or even longer sometimes) in remitting the money to the state.

 

[Zigner]

Texas child support question.

My divorce decree states that child support and medical reimbursement are due at the beginning of each month. However, I get paid twice a month on the 15th of the month and on the last day of the month. The withholding order for wage garnishment specifies that half of each month's support amount be garnished from each paycheck. My ex is pursuing an enforcement action against me because she didn't receive her support payment at the beginning of the month. I tried to explain to her that her support payments will come each month as my wages are garnished but she says that I'm not in compliance with the divorce decree. My attorney said it is standard practice for the divorce decree to state that support is due at the first of the month but, in actuality, the payments occur according to the obligor's pay schedule as garnishments occur.

It seems reasonable and appropriate to me that each month's obligation is satisfied as garnishments are withheld from each month's paychecks. However, the divorce decree does specify the beginning of the month. Am I at risk here? Do I need to seek a modification of the divorce decree to align the due date in the decree with my pay schedule and withholding order?

I would suggest that you pay a month ahead. That way, your withholdings are for the payment due on the first of the following month and won't be late.

 

[populardork]

No, you are not at risk here. Your ex is being unreasonable...UNLESS there was a delay in the garnishments getting going and/or a delay in your employer remitting the garnishments to the state. It often takes 4-6 for a garnishment to get started which means you would have needed to pay support directly until the garnishment got started. It is also not uncommon for employers to add a couple of weeks delay (or even longer sometimes) in remitting the money to the state.

The withholding is supposed to start this month and I did confirm that my paycheck on the 15th was garnished but the money has yet to show up in the state system. I presumed it may take a few days to make it through the system and be disbursed.

 

[Zigner]

The withholding is supposed to start this month and I did confirm that my paycheck on the 15th was garnished but the money has yet to show up in the state system. I presumed it may take a few days to make it through the system and be disbursed.

Right - so now you're a month behind.

 

[LdiJ]

The withholding is supposed to start this month and I did confirm that my paycheck on the 15th was garnished but the money has yet to show up in the state system. I presumed it may take a few days to make it through the system and be disbursed.

I do not think that you understand how garnishment works. Your employer withholds the money from your check. However, your employer controls how fast the money gets to the state. Some employers will wait 30-45 days before remitting child support money to the state. Others will do it within a few days. As long as your employer is prompt its not a really big problem, but if your employer is not, then you would be better off doing what Zig suggested.

 

[populardork]

Right - so now you're a month behind.

This is the crux of my question ... I think it is consistent with the intent of the family code that each month's child support obligation is paid from that month's income. And, since I'm not paid at the beginning of the month, there is a discrepancy between the due date in the decree and the timing of my income. So, that is why I have a concern.

 

[Zigner]

This is the crux of my question ... I think it is consistent with the intent of the family code that each month's child support obligation is paid from that month's income. And, since I'm not paid at the beginning of the month, there is a discrepancy between the due date in the decree and the timing of my income. So, that is why I have a concern.

You're wrong. The "intent" of the family code is that any amount that is due on the first of the month is due on the first of the month. In other words, you need to be saving in January to pay the Feb 1 payment.

 

[stealth2]

You're wrong. The "intent" of the family code is that any amount that is due on the first of the month is due on the first of the month. In other words, you need to be saving in January to pay the Feb 1 payment.

You assume the child needs to eat in February.

ETA: Well, the first ~14 days of Feb...

 

[populardork]

I do not think that you understand how garnishment works. Your employer withholds the money from your check. However, your employer controls how fast the money gets to the state. Some employers will wait 30-45 days before remitting child support money to the state. Others will do it within a few days. As long as your employer is prompt its not a really big problem, but if your employer is not, then you would be better off doing what Zig suggested.

I presume my employer would remit garnishments in a timely manner but you make an excellent point and I should confirm that this is the case.

 

[populardork]

You're wrong. The "intent" of the family code is that any amount that is due on the first of the month is due on the first of the month. In other words, you need to be saving in January to pay the Feb 1 payment.

Perhaps I am naive, but I believe the intent of the family code with regard to child support is to ensure that children are appropriately cared for in divorce. Certainly, timely payment of support amounts is an important component, but it is an ends to a means and the intent is not timely payments for the sake of timely payments.

 

[LdiJ]

Perhaps I am naive, but I believe the intent of the family code with regard to child support is to ensure that children are appropriately cared for in divorce. Certainly, timely payment of support amounts is an important component, but it is an ends to a means and the intent is not timely payments for the sake of timely payments.

Bottom line dad, your children will be doing without your share of their support for the month of January, because its probable that they won't see your January garnishments until February. So Zig is really right. You should have paid January yourself on January 1st. Will mom eventually recoup that? Sure she will, when the children age out of child support...when your last payment is made. However, that does not help your children right now.

 

[populardork]

Bottom line dad, your children will be doing without your share of their support for the month of January, because its probable that they won't see your January garnishments until February. So Zig is really right. You should have paid January yourself on January 1st. Will mom eventually recoup that? Sure she will, when the children age out of child support...when your last payment is made. However, that does not help your children right now.

I'm an engaged and responsible father and everything thus far has happened as my attorney advised me. My child support was to start in January. The withholding order was to take effect beginning with my January pay. My first paycheck in January was garnished. I have now confirmed that the garnishment has been remitted to the state child support system for disbursement in a timely manner. I think my ex is just trying to get me on a technicality because the decree date doesn't match my pay schedule. And my attorney has told me that this is standard procedure. I suppose I'll soon find out what happens with the attempted enforcement action.

 

[stealth2]

Perhaps I am naive, but I believe the intent of the family code with regard to child support is to ensure that children are appropriately cared for in divorce. Certainly, timely payment of support amounts is an important component, but it is an ends to a means and the intent is not timely payments for the sake of timely payments.

You get paid on the last day of the month, apparently. Your order states you pay on the first of the month. You know - the next day. It is incumbent upon YOU to make sure you pay support as ordered, garnishment or not. The intent of the order is.... that you follow it.

Roughly how much are you ordered to pay per month?

 

[stealth2]

Perhaps this will help you understand better.... Your payment is going forward, not back. So the garnishment from the 15th paycheck covers the 16th through the end of the month, and the 30/31st check covers from the 1st through the 15th. Since your first garnishment didn't occur until the 15th, you still owe for the first half of January.

Yes, a misunderstanding, but one you should correct. Sooner rather than later.