what have I got my self into?

[jacelyne]

My husband has a another child and we are raising two of our own one biologically his and the other is not. He owes 12,000 in back child support but he was never sent a letter to go to court. He was incarcerated for two years after he got out in july of 2000 and started working his wages were being garnished. My question is can the government garnish wages without a court order? Also he is not listed as the father in school or anything else! How can he fight this battle and make it right? This just does not seem leagal to me. Should he go threw the courts himself to see that it is done right? HElp please I am going crazy. What are the laws in Texas regarding this situation?

 

[hound dog]

Did he go to jail for back support or for something elese?If he has a court order stating he has rights to school records then he can get them.

 

[jacelyne]

He went to jail for something else. He has never had a court order for anything they just started garnishing his wages.

 

[swthoss]

There has to be a court order.

Is it possible that the ex did not know where he was a long period of time? If so, she could have went to court, and to get the child support order, and had published it in news papers, to try to find him. If he then did not show, the order could be entered without his knowlege.

Then when they find him through, parent locate, or other means that the CSEA has( that can not be used to inform him of the hearing), they garnished his wages.

 

[jacelyne]

From my knowledge there was not a court order he was in Atlanta for a while but she new that. He was still sending her money then. But as soon as he came home from being incarcerated then that is when the nightmare began. I could talk to an attorney but they are so expensive here in TX. I really think that there is a problem with this situation. I have another son that is not his and he is 3yrs old and his father is in the navy and he is getting disability and they have not garnished his wages so and I have been to court on several occasions regarding this. So please tell me what is the difference? I really think my husband has a case if we can find some one that can help!

 

[swthoss]

To my knowlege they can not garnish his wages without a court order. Could she have gotten the court order while he was in jail?

If you can not find a court order, I would ask CSEA for a copy of the oder. If they do not give you one or tell you where to get a copy, I would go to court.


If there is no order then there is something wrong. A lot of Atty have free consults. Use them, if above does not work.

He will still have to pay, but you may be able to get arrears lowered.

 

[jacelyne]

I will have to see if I can find an attorrney and consult with them here because I feel that a man wants to take care of there children and the mother is being greedy and trying to hide something then maybe we have no choice but to take the situation to court. He is now filling out some paper work to get the payments lowered but he needs some information regarding the child and the mother is not giving him what he needs. He does not even know the childs date of birth because when she was born the mother said that the child was not his. He claims that he took a DNA test but I really do not believe that I just think that he wants the little girl to be his. If she really is then he needs to take care of her but we have to do it legally to protect or investments.