Legal Question in Family Law in Texas

I am currently reveiving child support through an order, and my child's father told me that he is retiring this week(!) and that the State cannot touch his retirement money but that in "good faith" he will continue to make the same dollar amount payments as before. On my designated pay date I received $47.17 as opposed to the normal $466.

Is it true that the State will not be able to touch his retirement?

If he withdraws his retirement (he owes about $1500 in arrears) is that all that I would get?

I spoke with the Attorney General's office and was told to let them start the paperwork for his retirement money.

Confused in Texas, please help!


Asked on 9/29/09, 6:07 am

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

The baby daddy is full of it. You can still get child support even after he retires. Whether or not the money is taken from a pay check or he has to write the check himself, his obligation is still the same. There is no "good faith" to it. A Court Order is a Court Order. Wage withholding is just a convenience.

If he is old enough to get social security retirement benefits, the children may be eligible too. You should check it out.

For educational purposes only. No attorney-client relationship was created by this communication.

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Answered on 10/05/09, 12:23 pm


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