Legal Question in Family Law in Texas
Can I legally be held accountable for interest on child support when a QDRO has been placed enforced and paid. It was written to include my arrears at the time and 2 years additional payments. My pension is now gone and they still want more. Can I fight this and how?
1 Answer from Attorneys
Unpaid child support draws interest; this is in the Family Code. A judge doesn't even have authority to make a finding of "back child support owed" without including interest.
If they have miscalculated the arrearage, or the interest, or have not given you proper credit for payments made, you may have reason to file something with the court ("Motion to Determine Chidl Support Arrearage").
Generally, if "they" elect a remedy to collect child support (grabbing a pension fund or 401k), it doesn't preclude them from utilizing other remedies.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
