Legal Question in Family Law in Texas
Timely Payment Of Employer Garnished Child Support
I would like to know what the guidelines are for an employer who is ordered to garnish child support from an employee's earnings.
I am not getting consistent payments in a timely manner.
Most importantly, I would like to know if there is a turn around time limit for the employer. I know that it is ordered to pay just as the employee is paid; but is there a certain number of days the employer has to get it to enforcement agency i.e. Family Court Services?
Lastly, if so, what are the consequences of not following the guidelines?
My current situation is never knowing when I will get a check. Some months my ex-husband has had two paydays before I ever get the first one. He works for a fairly large corporation with the payroll office located in another state. We can never seem to get their attention about the issue.
I would appreciate any information you can give me.
Thank You
1 Answer from Attorneys
Re: Timely Payment Of Employer Garnished Child Support
Absolutely. Employers MUST remit the money to the child support agency "on each pay date" (electronic transfers can go up to two business days later).
Is the employer simply late each month? If so, then it is questionable as to whether it is worth it to go to court over that delay, even though you would be entitled to collect your attorney's fees (the judge is not required to give them to you, however). The COUNTY can receive a $200 per occurance fine for failure of the employer to obey the order. That might get their attention, also.
Perhaps a letter from your attorney "explaining" the situation would do the trick.
If you live in the Austin area and would like help with this, then please call my office for an appointment.
Good luck, this should not happen to any child support obligee!!!
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