Legal Question in Family Law in Texas

who files the child support wagewithholding order

What party/attorney is responsible for filing the wage withholding order to the NCP's employer? My husband's ex brought him back to court for additional child support and he (my husband) signed and supplied his employers address and fax numer. After a couple of months he realized that the additional monies were not being withheld and his employer said they never got the order. My husband's ex is being unreasonable and threatening him with penalities and contempt. From my experience with my ex- this case would be thrown out because he has a paper trail to his payroll dept questioning why the new order was not in. Also my husband has NO NEW SIGNED ORDER. His ex expected my husband to just hand over checks to her (I don't think so!). She is the one that brought him to court for additional child support and her attorney never filed the wage withholding order with the courts. Now they are saying that it is my husband and his attorneys job to file it. I have brought my ex to court for enforcement before and the wage withholding order was done by MY attorney. What party/attorney is supposed to file it?????


Asked on 5/02/09, 2:38 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: who files the child support wagewithholding order

See previous answer. Ultimately, it's ALWAYS the obligation of the person who is suppose to be paying the child support to pay the correct amount or see that it is paid on his/her behalf. Even if his ex had served a copy of the new order on his employer, there would have been a couple of months where he would have had to make up the difference himself. It's not an instantaneous process.

Read more
Answered on 5/03/09, 4:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas