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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114706
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am a non custodial parent an my son Turned 18 in December

Customer Question

I am a non custodial parent an my son Turned 18 in December of last year.the child support agency here in Texas stopped sending payments to my ex wife when he turned 18 but are still taking it from my paycheck. They have been sending me all of my payments back tome in form of a check periodically since January. When I spoke to the they said the reason it's been turned off is because he is 18 and they have not received an update for my son graduating. How ever they will not turn of the garnishments until they receive a response from the parent or school. I have been going back and forth with this for months. I do not have access to my son since I live in another state and I don't speak to my ex. When I spoke to the child support agency they said that due to the school he is attending they cannot give me any information about the school they only thing they can tell me is that when they receive the information they can tell me when the garnishments will stop.
Here Is my question since I am his legal parent and my divorce decree shows that I have joint custody can't I get access to this information like what school he is attending and also use the joint custody to contact the school to get information. if the non custodial parent has not submitting the documentation to reinstate the payments isn't there a time frame that this needs to be completed by? It seem weird that this can be turned on and off whenever I would think if period of time has passed and the agency has tried to get the information from, you and you are not complying then the support should be dropped.
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is an issue with support enforcement, they are overworked and never do their job. Support enforcement should be contacting the school and should be finding the information, but since they have not, your next step here is filing a motion to terminate support in the court that issued the support order and take this out of support enforcement's hands. Once you file in court to terminate support, then you can subpoena the school for enrollment information and also force the custodial parent to disclose the information and that is how you get this support stopped.
Customer: replied 11 months ago.
I don't think this answered what I am asking. What I am asking is their a time frame that the costodial parent has to submit the information to reinstate the support payments. She hasn't received payments since January because the child support office stopped the payments. And if the payments start backup would I be responsible for giving back the money they have already given back to me (would this become arrears) or would the payments just start back from the time they reinstate it
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply

The proof that the child is still enrolled in school must be provided within a "reasonable time" and there is no time limit specified other than that. If she proves the child was still enrolled in school, you would have to make up those payments I am afraid, since child support is for care of the child and the courts will not punish the child for this delay.