Legal Question in Family Law in Texas
Support Payment Change
My husband is in the Illinois Air National Guard. He is being retired because we have just found out he is diabetic and you cannot be in the IANG/USAF and be diabetic. He will be getting retirement pay, which is where his child support will be coming out of. He will get paid once a month versus twice a month. Do we need to let the court and his ex-wife know that it will be once a month now instead of twice a month?
2 Answers from Attorneys
Re: Support Payment Change
You should let both the court and his ex know the facts. There�s no point in hiding it. Automatic withholding orders/notices will have to be changed anyway (the payor of retirement benefits is a different department than the payor of wages) (and instead of a withholding a certain amount per semi-monthly paycheck, there will need to be monthly withholding in a different amount from the retirement check).
Re: Support Payment Change
The frequency of payment will change so she will likely find out. It would be courteous to let her know ahead of time, though I normally don't favor giving former spouses any more detail than required by the decree. Read the decree and you will likely see that current work addresses are required to be given to her and the court and if the work addresses change, there is an informational obligation.
Since this was posted to Texas, I assume you discuss a Texas decree.
http://www.reasonable-doubt.com
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