Texas AG and withholding order

[luckymom]

More than two years ago, I filed with the Texas AG to get my ex's employer served with a withholding order. He has always paid CS himself with a personal check., but this meant that the support came very irregularly--often 30 days late, because ex knew that state allowed a 30 day grace period. I never heard anything until last week when I got a letter saying that the withholding order was served and in the meantime my order was domesticated in Illinois where I now live. The domestication happened about 9 months ago. Unfortunately, the withholding order is for the wrong amount. I called the TX AG and it seems that they were going by a old support order. I also heard from ex who said that his employer (his wife's business) was going to refuse to honor the withholding order on the basis that IL now has jurisdiction of the case.

I am completely confused since I thought that TX would continue to have control over support issues. Can anyone offer advice on how to proceed? Specifically, does TX AG have the right to serve the support order since IL has jurisdiction? Support checks have always come through TX AG (even after the order was enrolled in IL) . Can ex's employer simply refuse to honor the withholding order? I am happy actually to have IL take over the support issues, but am unclear about the legality of this.

Thanks!

 

[Accountable]

To be clear, were the supports orders in Texas? Then you moved to Illinois with the child? Is the withholding order by the state of Texas or Illinois? Or Texas instructing payments to Illinois.

Here is a relevant Texas statute:

§ 159.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. (a) A
support enforcement agency or tribunal of this state shall disburse
promptly any amounts received under a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting
party or tribunal of another state a certified statement by the
custodian of the record of the amounts and dates of all payments
received.
(b) If the obligor, the obligee who is an individual, and
the child do not reside in this state, on request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the
support enforcement agency in the state in which the obligee is
receiving services; and
(2) issue and send to the obligor's employer a
conforming income-withholding order or an administrative notice of
change of payee reflecting the redirected payments.
(c) The support enforcement agency of this state on
receiving redirected payments from another state under a law
similar to Subsection (b) shall provide to a requesting party or a
tribunal of the other state a certified statement by the custodian
of the record of the amount and dates of all payments received.

 

[luckymom]

To be clear, were the supports orders in Texas? Then you moved to Illinois with the child? Is the withholding order by the state of Texas or Illinois? Or Texas instructing payments to Illinois.

Sorry, I wasn't clear. The support order originated in Texas. There has never been a support order that came through Illinois. The case was domesticated in Illinois for purposes of modifying the visitation order. Ex has always paid support to TX AG which sent me checks in Illinois, where I have lived for the past 5 years.

Do you have any idea if TX still has standing to issue the withholding order? If not, what should I do?

 

[Accountable]

To be clear, were the supports orders in Texas? Then you moved to Illinois with the child? Is the withholding order by the state of Texas or Illinois? Or Texas instructing payments to Illinois.

Sorry, I wasn't clear. The support order originated in Texas. There has never been a support order that came through Illinois. The case was domesticated in Illinois for purposes of modifying the visitation order. Ex has always paid support to TX AG which sent me checks in Illinois, where I have lived for the past 5 years.

Do you have any idea if TX still has standing to issue the withholding order? If not, what should I do?

I'm not a lawyer, but that is how I would comprehend the statute I quoted above...especially this part:

(b) If the obligor, the obligee who is an individual, and
the child do not reside in this state, on request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the
support enforcement agency in the state in which the obligee is
receiving services; and
(2) issue and send to the obligor's employer a
conforming income-withholding order or an administrative notice of
change of payee reflecting the redirected payments.

If the child support order was issued by a Texas court, and the Texas AG has serve the employer with a withholding order instructing them to redirect payment to Illinois, then by golly, that's what he should do!

Try sending him a letter or email quoting the above statute from the Texas Family Law Code. If he doesn't pay, he'll be in contempt.

 

[pa_ak]

I can also tell you since I am going through something sorta similiar that one state can have jurisdiction over the custody/visitation issues while the other has jurisdiction over the support. I'm not a lawyer either however, since the order originated in Texas and your ex still lives there, Texas retains continual existing jurisdiciton (CEJ) over the support order. Illinois cannot modify support. However, you can file for them to enforce the order. They will then send the request to Texas Child support division for enforcement who in turn will issue the Income withholding order. This information is contained in the Uniformed Interstate Family Support Act (UIFSA). For Illinois to issue any orders on the child support, your ex would have to give them permission.

Hopefully I haven't muddy-ed the water. Best bet would be to contact your local child support enforcement agency and ask them to initiate an interstate enforcement. Good luck..

 

[luckymom]

I'm not a lawyer, but that is how I would comprehend the statute I quoted above...especially this part:

(b) If the obligor, the obligee who is an individual, and
the child do not reside in this state, on request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the
support enforcement agency in the state in which the obligee is
receiving services; and
(2) issue and send to the obligor's employer a
conforming income-withholding order or an administrative notice of
change of payee reflecting the redirected payments.

If the child support order was issued by a Texas court, and the Texas AG has serve the employer with a withholding order instructing them to redirect payment to Illinois, then by golly, that's what he should do!

Try sending him a letter or email quoting the above statute from the Texas Family Law Code. If he doesn't pay, he'll be in contempt.

Thanks very much. It seems clear that since he is in TX the AG can serve him. I called my IL lawyer who also confirmed that TX has jurisdiction over support and the employer will be in contempt if it ignores the withholding order and that he is supposed to continue to pay until the order takes effect.

I wrote ex who is very miffed about the withholding order saying it violates his privacy!! My theory is that he doesn't want the accounting people at his wife's business to know just how little support he pays, since he lives very weill.

 

[Accountable]

Since I have a new support order (starting 10/1/07) through the Texas AG....I'M concerned that it took them 2 years to serve a withholding order in your case! Was there a reason it took so long, or were they just THAT horribly inefficient? In my case it took one year just to get an order for DNA testing!

 

[luckymom]

Since I have a new support order (starting 10/1/07) through the Texas AG....I'M concerned that it took them 2 years to serve a withholding order in your case! Was there a reason it took so long, or were they just THAT horribly inefficient? In my case it took one year just to get an order for DNA testing!

I actually filed with the AG because of medical arrears and the woman I spoke to said I should get a withholding order because I complained that ex was routinely paying 30 days late. Nothing has happened with medical arrears, and of course they got the amount wrong for the withholding order. As for how long it took, I am not sure whether it is inefficiency or that my case was a low priority, since ex is current with support.

 

[Yield]

Since I have a new support order (starting 10/1/07) through the Texas AG....I'M concerned that it took them 2 years to serve a withholding order in your case! Was there a reason it took so long, or were they just THAT horribly inefficient? In my case it took one year just to get an order for DNA testing!

My experience with the TX AG is that they are horribley inefficient.

 

[luckymom]

Or maybe just completely overburdened, I've heard that while you can ask for a support review after three years, it is pretty pointless, because they just don't have the staff to handle it. If you want modification, you would do better to hire a lawyer.

 

[Yield]

Overburdened perhaps, but their staff is inconsiderate and incompetent. I have nothing good to say about them.

 

[luckymom]

Overburdened perhaps, but their staff is inconsiderate and incompetent. I have nothing good to say about them.

Believe me, I am not defending them. Two years for the withholding order and then the amount is wrong!! And of course, they've never done anything about my medical arrears.

 

[pa_ak]

that is why i was so glad they advised me to have alaska handle it (modification) if they could...and let me tell you, alaska has been wonderful...unfortunately it had to be sent to Florida and that is where the bogging down has occurred...i'm thinking florida is worse than texas to be perfectly honest...

 

[TinkerBelleLuvr]

My BF would like my orders to be moved to Florida, but I say - NO WAY. Michigan does a pretty good job! Besides, the ex is on the despised list of the COURT HOUSE! Remind me to stay out of California, New York and now Texas.

 

[pa_ak]

i received a letter from my florida atty today (long story there) that she had written to ex's atty...she stated she was happy to stipulate visitation issues be transferred here but since she isn't counsel of record for support issues the Fl AG Atty would need to do that. She wasn't sure he could stipulate to that happening. I so wish everything could be done in Alaska because this would soon be over...I can't blame you for not wanting it in Florida... very very slow...i actually had the atty from the AG office tell me she was surprised my ex was served since he worked for the county where the suit was filed...nice huh? aaaargh...