Legal Question in Family Law in Texas
I'm currently working for an employer that just made the whole company go on a furlough day switch between people. We just got un-employment to help make up for the loss of the 2 days a month we are loosing. I'm currently on child support and I'm paying the amount said to be due by the court. When I received my un-employment letter it said that they (twc) received a letter about child support. When I looked at my un-employment from the start of june they started taking out child support which is over the court ruled amount. I called the attorney generals office and told them the situation and they saw that they made a mistake and tooknout money that should of not been taken out. They told me that they would send a email to the morning crew to let twc know to stop. I asked about getting a reimbursement and they said it would be credited so if I stop paying it would cover it. I don't understand why they would do that when it was there fault not mine. After everything I recorded another payment and I'm still getting child support deduction. What can I do to stop this and how can I get my money back that I depend on to live and support myself?
1 Answer from Attorneys
Unfortunately there isn't a satisfying answer to your question.
The TWC and your employer have legal obligations to make wage withholdings based upon orders received. Neither has the authority to ignore the withholding order until they receive something new.
When the AG receives wage withholdings beyond the monthly obligation they could send it back to you but as you've witnessed they don't. That's not really to help you, it's to help them get the child support paid to the other parent. They would rather have the support paid today than tomorrow so they credit your payment record now and send the payment to the other parent. When you child turns eighteen your support obligation will end early because you've paid up front. It's absolutely frustrating because they are error prone and they have no sympathy for you about the consequences of their mistakes. There certainly should be a legal remedy against the AG in my opinion but whatever that might be would be a costly fight.
The best thing I could advise you to do right now is hound the AG office to send a correction to the TWC so they don't continue to take out too much. The AG can be slow to move and that is one place where the squeaky wheel gets the grease.
You could ask the other parent to give back the over-payment but I suspect if he or she were that charitable you wouldn't have come here to ask about this.
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.
