My ex's employer will not follow the order of withholding for child support, I've sent letters, the court clerk has called them

Child Support 3 views 3 answers
I delivered the order in person, had the court fax a copy, court clerk spoke to them, sent letters demanding compliance before I go take them to court. Today I was notified they still will not obey. I have done my entire divorce and subsequent modification pro se. However, I am unable to find anything like this in all my research. I only find that in Texas Family Code, Title 5, Subtitle D, Chapter 234, § 158.210, section (a) 1 states the county is entitled to a $200 fine to employer for each occurrence, but that is of little help to me other than a threat to employer. Should I file a Motion for Enforcement of Order of Withholding and serve both my ex and his employer's registered agent? I am a bit lost and could use some direction. Thank you

Attorney Answers

3
Maria Lowry ·
Keep your eye on the ball, don't get distracted by miscellany. File an enforcement action against your ex. He is responsible for making sure the correct amount gets to the Disbursement Unit, regardless of whether withholding is happening. He can put a check in the mail Amy time he gets paid and sees that the support was not withheld. There are penalties for the employer not obeying the withholding order. But that doesn't help you get your child support. Don't bother with them until you have cleared up the main issue. Chances are good that your ex will address or and fix the problem when he is served the enforcement. Hire a lawyer. You'll almost certainly get an order for your ex to reimburse your attorney feed.
0 upvotes
Peter M. LopezCriminal Defense AttorneySweetwater, TX ·
It's still your ex's responsibility to pay child support. If the employer does not obey the withholding order, it doesn't relieve him of the obligation to pay. You will have to file an enforcement action against your ex, and payment of attorney's fees in an enforcement for failure to pay child support is mandatory. Hire an experienced family law attorney to help you.
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Adam Kielich ·
It is first and foremost your ex's duty to pay the child support. Talk to a local family law attorney about enforcing the child support obligation. After he gets hauled into court and pays your attorney's fees I bet he has a conversation with his employer about the income withholding.
0 upvotes

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