I did some research and found that there is no such thing as contract labor in TX, Its called Independent Contractor. On the Attorney Generals website I found
(at
https://portal.cs.oag.state.tx.us/wps/portal/WageWithholdingFaq)
"
Are employers required to withhold child support from payments to an independent contractor?
Yes, the child support garnishment needs to be honored with respect to an independent contractor. Title 5 of the Texas Family Code broadly defines an “employer” as anyone, an individual or an entity, “that pays or owes earnings to an individual.” [TFC § 101.012]
The term “earnings” is also broadly defined as “a payment to ... an individual, regardless of source and how denominated.” The definition goes the further step of specifically saying that “earnings” include payments to an independent contractor. [TFC § 101.011]
Texas Family Code Chapter 158, “Withholding from Earnings for Child Support,” contains the Texas statutes that every employer needs to follow. More specifically, § 158.201] directly tasks the employer to comply with the judicial or administrative writ of withholding. "
He is supposed to be paying 443.30 a month, 40 in medical (because he is ordered, and I have always had them covered because of his job history) and 150 a month towards arrears (Almost 9k).
As I mentioned before he has had at least 38 jobs in the past 8 years, to avoid payment. He has not filed his taxes in several years because I would get that money.
When my DD went to live with him at the end of August, they agreed not to change the order... They wanted it to appear that they were trying to be nice when in fact he has 4 warrants out for his arrest and will not go near a court to save his life.
Then they took it upon themselves to change the amount that they are paying to 250$ a month. No order, nothing. And that is fine, I am currently a student (I waited till the kids were older)with only 800 a month income, he has a job and I believe that he is lying and hiding income. He says his income is 1500 a month and that they pay rent.. I dont think so, he is working as a ranch hand, taking care of a ranch and its animals for an owner that lives in Dallas. He lives on the property and he told the 15yr old that they dont pay rent. I also, after a little sleuthing found that he was still receiving unemployment several months after he started working there, but because the w9 is not turned in right away, he thinks he got away with it.
They are still refusing to turn over the information regarding the employer so that I can have the withholding started up again, I did find the property tax information for the property, and can do a background check on the owner to get that information... I sent them a letter last week telling them that they had until the 18th to either turn that info over to me via email, or to the AG office via phone, or I would find other means of finding out that information.
I went to tx last week to try to get my DD and they have the gate to the property locked, so there was nothing I or the sheriffs could do.
I have the paperwork drawn up for an emergency order that will help getting her back... Will be at court on Monday (tomorrow)
What should I do about the child support at this time? What is my next step. My friend told me that I could get into trouble for "threatening him" with further action, but I feel that because he is court ordered, and I am giving him notice of my intent... that isnt a threat... Any help or advice is appreciated.
I cannot afford a lawyer, and I am not asking for legal advice. I feel I am resourceful enough to do this on my own, and I am a 1st year law student...
Im looking for either personal experience, or different views =D
