Legal Question in Family Law in Texas
Garnishing Wages For Child Support Payments
I was divorced 11 years ago in El Paso TX. I now live in San Diego and my ex-husband lives in EL Paso TX. He was unemployed at the time of the divorce and ordered to pay $150. month child support. 11 years later he is still paying $150/month for 2 children. The kisa re now 14 and 16 years old. Payments are being made but I am never sure when they will arrive. He has since remarried a teacher and he has obtained a teaching degree. Both work ft. I want an increase in support to $250/month and his wages garnished. I have a copy of my divorce decree. How do I go about this?
2 Answers from Attorneys
Re: Garnishing Wages For Child Support Payments
Chances are, you are entitled to more than $250 per month because child support is now calculated on 25% (for two kids) of what amounts to take-home pay. Also, you can obtain a wage withholding order so that your ex-husband's employer deducts the child support from his paycheck and sends it on. You should make an appointment to see an attorney in El Paso who does family law. If you need a recommendation, please let us know.
Jimmy L. Verner Jr.
Verner & Brumley, P.C.
3131 TurtleCreek Blvd., Suite 1020
Re: Garnishing Wages For Child Support Payments
Contact the San Diego County District Attorney's office, family support division. They will contact their counter part in Texas. The Texas counterpart will file the necessary documents to obtain get the Texas court to issue a new child support order.
The only disadvantage to using the District Attorney's office is that there may be a significant delay.
If you can afford to hire a private attorney in El Paso that would probably be faster.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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