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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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I have the Final Decree that was prepared by

Customer Question

I have the Final Decree for Divorce that was prepared by I spoke with the representative and they said to leave the decree as sent and the court clerk will adjust the paperwork, however the district clerk said bring the decree to the uncontested court worded exactly as you want the final document to... that being said, what I would like to do is I would like to remove the section regarding withholding child support from the father's check. He wants to pay the county directly. Is it possible in the state of Texas to remove the section related to withholding , i.e. the employer withholding?
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, not any more. The Family Code requires the payments be made through the Child Support Registry which was (and still is I think) a part of the AGs office.

I haven't seen a judge knowingly sign an order without the Child Registry language in it in years and if you remove it and the judge finds out later (ex. the father doesn't pay) then he will be EXTREMELY unhappy, especially if you represent yourself. In my opinion it is absolutely, without question, the wrong thing to do to remove it and if you do decide to remove it anyway be sure you tell the judge that and that the court reporter is making a record because it can cause you huge problems later.

Please ask any follow up question in this thread. I want to make sure all of your questions are answered.

Customer: replied 4 months ago.
I am not sure I asked my question clearly. There is a specific section that starts as: Withholding from Earnings ... It is ordered that any employer of John Keith Fagan shall be ordered to withhold from earning for child support from the disposable earning of John Keith Fagan for the support of Mahaley Kate Fagan. Next section then states: Withholding as Credit against Support Obligation... it is further ordered that all amount withheld from the disposable earnings of John Keith Fagan by the employer and paid in accordance with the order to that employer shall constitute a credit again the child support obligation. .....
all I'm trying to find out is why it has to be withheld by the employer, can the wording not be different to state John will pay the county clerk the child support directly? He is self employeed so making him go through all of the withholding paper work for himself is extreme, and I was hoping we could just state it that the payments will be made directly to the county. ?
Is that allowed in Texas?
Expert:  JD 1992 replied 4 months ago.

Sorry for the delay. There appear to be website or computer problems .

No, the Texas Family Code specifically states withholding orders are to be entered in all cases. As I stated above, the issue is that judges just don't want to sign the orders anymore without that language since it is a specific legislative mandate.

Perhaps you can talk the judge into it in your case but pleas bear in mind all the provisos I mentioned above.

I have seen probably 100 people try to get an order like you are suggesting entered and the only times the judge will approve it is where the person is not employed.

To be honest, I preferred the old way because the AGs office tends to occasionally mess things up but the Legislature and the courts have decided this is the way it will be in Texas.

Customer: replied 4 months ago.
I understand, and it makes sense that only if the party paying support is unemployed would the 'withholding ...' section not apply. Just seems silly that since John is self employed, that he has to go through the paperwork required to withhold $ from himself.
Expert:  JD 1992 replied 4 months ago.

I agree it is silly and, as I mentioned above, the only time I have seen this granted was in cases of self employment. I think the judge would be likely to agree to allow him to send the check directly to the child support registry since he is self employed. However, the district clerks are not supposed to handle child support payments for any new orders. You can certainly try but what I think the judge is likely to do is to say that you don't have to enter a withholding order but he does have to send the money directly to the child support registry. The problem now is that drafting that paragraph is difficult. We are not allowed to give you the wording and it sounds like the place you purchased your forms from will not make the change you are requesting.

Let me offer you a couple of options there. The first one isn't likely to be fruitful but you can contact local attorneys and ask them if they are will to draft the one paragraph for you. Most will not.

The other alternative is to go to a website like or and hire a contract lawyer just to draft the one paragraph. This is probably your best and least expensive alternative.

Then when you go to court, you take both decrees with you, tell the judge what you are wanting and present the correct decree to him based on his order.

This appears to be the best way to resolve your issue without a bunch of hassle on your part.

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