Legal Question in Family Law in Texas
Once a judge has signed a final order stating the amounts a non-custodial parent is to pay each month in child support, child support arrears, medical support, and medical support arrears then can the Attorney General's office legally increase that amount 8 months later by over $200 a month without a hearing or notice and send a new writ of withholding for the increased amount to the noncustodial parent's payroll company?
1 Answer from Attorneys
Unfortunately, yes. It's called an Administrative Income Witholding writ.
You'll receive notice of the AIWH, and the notice will tell you how to "protest" it. Believe it or not, the first step is to request a hearing AT THE AG'S OFFICE. It's presided over by a Child Support Officer.
The AG cannot increase the BASE rate (the actual monthly child support payment obligation) without notice and a hearing.
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