Legal Question in Family Law in Texas
My Ex took me to court for back child support but before we could get it into court the Child Support agency garnished my wages. She lost in court and the judge ordered that their was no arrearage and that she is owed absolutely nothing.
" Further the court orders that since Jan 2005 (my ex) has received from the pay of her former husband the sum of $2,250.00 , (me) should be given judgment against (my ex) in the amount of $2,250.00 with interest at the rate of six percent (6%) per annum until paid, for which let execution issue"
Date of order 7/22/05.
How do I go about getting this money back? Can I garnish her income tax after all it is child support? Why won�t the child support people who took it from me take it back from her. It is still child support but now it is owed back to me. Why in this USA are you consider guilty and they take it away before the decision has been made through the courts. The Child in this case was already 19 and out of school. The only thing I was offered was to lein her house. Theirs gotta be another way.
1 Answer from Attorneys
1. Go to the court that gave you the judgment and ask them to issue an abstract of judgment.
2. Record the abstract of judgment in the county where Mom lives.
3. Write her a letter (enclose a copy of the recorded abstract of judgment) and ask her to pay the judgment. Calculate how much she owes you ($2,250 plus 6% interest per year). Tell her she has 30 days.
4. After 30 days, get an execution issued and have it served on her. It will probably come back "nulla bona" ("no good").
5. Send her some post-judgment discovery. It will probably never be answered, but it will scare her.
6. If you can find out where she banks, you can garnish her bank account.
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