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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 28537
Experience:  29 years in civil, probate, real estate, elder law
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Is it required in the state of Texas to withhold income for

Customer Question

Is it required in the state of Texas to withhold income for child support? I am filling out the forms for the court and this was included. So do we have to file this form?
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good evening.I am a Texas lawyer and will be assisting you here.Which parent are you here?Can you give me some more information please?

Customer:

Thank you. I am the wife and with have custody of our 2 girls. We are doing the paperwork through an online service to save money. I have completed all the questions and all the forms are automatically prepared. However my husband and I are trying to do this as privately and peacefully as possible....but evidently the law is making this harder than it has to be. We already agreed and settled our own amount for child support...and do not want it to be automatically withdrawn from his pay. Neither do we want to go through a child support collection office. It causes to much hassle and probably delay. I do not know because I have never been through this.

RayAnswers :

You do not have to have wage withholding.It certainly is advantageous to you but I can understand that you do not want to use it.The court will probably not require this if you explain it to the judge that you feel it is unnecessary.This would require you to waive your right in front of the court.The court should agree here and let you not enter one.You can always return to court if it becomes necessary someday.

RayAnswers :

Child Support is generally a function of the amount of money that the non-custodial parent or payor (usually called “Obligor”) earns multiplied by a percentage that is assigned based upon the number of children with the other parent. This amount is referred to as the “Guideline” amount. The Texas Guideline amount is based upon earnings of $7,500 per month or less. The Guideline percentages are as follows:


1 CHILD: 20 Percent of Net Resources
2 CHILDREN: 25 Percent of Net Resources
3 CHILDREN: 30 Percent of Net Resources
4 CHILDREN: 35 Percent of Net Resources
5 CHILDREN: 40 Percent of Net Resources
6 CHILDREN (OR MORE): Not Less than 40 Percent

If the Obligor has other children for whom he or she has a duty of support, then the Guideline amount may be slightly less.


If the Obligor earns more than $7,500, then the Court has the discretion to award more child support if it believes this is in the best interests of the child(ren), provided such amount is less than the the proven needs of the child. Net resources may include various sources of income, including traditional earnings from employment.

RayAnswers :

Guidelines here for reference if you are agreeing to an amount/

Customer:

Is it necessary then to file that paper? It is the order/notice to withhold income for child support...3 pages.

RayAnswers :

No it's not mandatory but the judge may ask you if you are agreeing to waive it here.Normally it is included and it is your right to have such an order.But the court should just set support here if you do not want it.

RayAnswers :

§ 8.101. INCOME WITHHOLDING; GENERAL RULE. (a) In a
proceeding in which periodic payments of spousal maintenance are
ordered, modified, or enforced, the court may order that income be
withheld from the disposable earnings of the obligor as provided by
this chapter.
(b) This subchapter does not apply to contractual alimony or
spousal maintenance, regardless of whether the alimony or
maintenance is taxable, unless:
(1) the contract specifically permits income
withholding; or
(2) the alimony or maintenance payments are not timely
made under the terms of the contract.
(c) An order or writ of withholding for spousal maintenance
may be combined with an order or writ of withholding for child
support only if the obligee has been appointed managing conservator
of the child for whom the child support is owed and is the
conservator with whom the child primarily resides.
(d) An order or writ of withholding that combines
withholding for spousal maintenance and child support must:
(1) require that the withheld amounts be paid to the
appropriate place of payment under Section 154.004;
(2) be in the form prescribed by the Title IV-D agency
under Section 158.106;
(3) clearly indicate the amounts withheld that are to
be applied to current spousal maintenance and to any maintenance
arrearages; and
(4) subject to the maximum withholding allowed under
Section 8.106, order that withheld income be applied in the
following order of priority:
(A) current child support;
(B) current spousal maintenance;
(C) child support arrearages; and
(D) spousal maintenance arrearages.
(e) Garnishment for the purposes of spousal maintenance
does not apply to unemployment insurance benefit payments.

RayAnswers :

As you can see above it says may here-- so you can not submit it , tell court you don't want it and the judge should agree here.But may means the judge decides whether it's necessary or not.

RayAnswers :

If you used say the AG here it's mandatory when they are involved.

Customer:

I was also told that child support payments have to be sent to the AG office in San Antonio. Is this true or are we allowed to transfer through bank accounts.

RayAnswers :

No you want it to go through them.It protects you if there is a dispute and the judge here is unlikely to allow him to pay you directly.The judge is trying to protect both sides--only way there is a third party accounting.

RayAnswers :

I understand that it slows down the payments but it sure does help you if there are arrears someday.

Customer:

Yes I understand. I have just a few more questions.

RayAnswers :

Ask away.

Customer:

It asks which county the child support are to be sent. I am moving to Harris county TX. It also asks for their mailing address. Why would it ask this if my husband will be sending it to San Antonio? Also...what hassle do I have to go through to receive the payments. Does this mean having to visit that office once a month? What about direct deposit?

RayAnswers :

You would set this up through the county here where your court is.The payments go through that county.They are processed and recorded and then deposited to your directly.You would not have to visit the office here monthly or ever unless something changes.You would be sending it through San Antonio here if that is where the court is.You would set this up on the date you go before the judge.Judge signs order and the court clerk can go over the procedures for getting your funds and may have more forms to fill out.

RayAnswers :

Some reference here--they can debit it or have it charged on his credit cvard.

RayAnswers :

Some reference here--they can debit it or have it charged on his credit card.

RayAnswers :

 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.

Customer:

Thank you. I entered Harris County... since that is the county where I will be living? Is this correct? It also asked for the mailing address for where the payments will be sent. I put the San Antonio mailing address. This is what confused me. Do they need the Harris county address....or San Antonio...where the payments are suppose to be sent. Or does it matter because they will get it worked out anyway? I just want to do everything right.

RayAnswers :

I believe that this is correct.When you go to court here you can verify that with court clerk.Thanks for letting me help you here and good luck with all of this.

Customer:

Thank you for all your help. Can I save this chat for reference?

RayAnswers :

Yes and you can print it here as well.Have a great evening.

Customer:

Thank you. You too.

RayAnswers :

If you will click accept it is much appreciated.

Ray, Lawyer
Category: Legal
Satisfied Customers: 28537
Experience: 29 years in civil, probate, real estate, elder law
Ray and 15 other Legal Specialists are ready to help you
Expert:  Ray replied 3 years ago.
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Customer: replied 2 years ago.
Our divorce will be final in a few weeks and I am still unclear on the process of setting up and receiving child support. First as I mentioned I do not believe withholding income is necessary unless the judge requires this. So far it is my understanding that the payments must be sent to San Antonio...but what happens then? Can the payments be done online? This is completely new to me and I just want to do it right the first time. I need it explained it better detail because the law is confusing and unclear. I asked you previously about the county in which the child support payments will be sent. It asks this question in the divorce dicree..dont know why...and this is what has confused me. Why would it ask which county if all child support payments go to San Antonio? Your answer was the county in which the court is....however we are not going to be residing in this county after the divorce....so do I put the county in which we will live? Also how are the payments received once they reach San Antonio?
Expert:  Ray replied 2 years ago.
The county where the divorce here is filed will be the county you receive support from.It is very much to your benefit to have this withheld and to have the order include such withholding.It then is taken out elctronically from his chack and there is a record made in case there is a dispute.Your district clerk here in the county where the divorce is in would be the person to answer any questions about procedure.You did not give me your county here.If you get me your county i will try to get you some reference.
Expert:  Ray replied 2 years ago.
Law on withholding

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP


SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP


CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT


SUBCHAPTER A. INCOME WITHHOLDING REQUIRED; GENERAL PROVISIONS


Sec. 158.001. INCOME WITHHOLDING; GENERAL RULE. In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or the Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by this chapter.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 34, eff. Sept. 1, 1997.

Sec. 158.002. SUSPENSION OF INCOME WITHHOLDING. Except in a Title IV-D case, the court may provide, for good cause shown or on agreement of the parties, that the order withholding income need not be issued or delivered to an employer until:

(1) the obligor has been in arrears for an amount due for more than 30 days;

(2) the amount of the arrearages is an amount equal to or greater than the amount due for a one-month period; or

(3) any other violation of the child support order has occurred.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 35, eff. Sept. 1, 1997.

Sec. 158.003. WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SUPPORT. (a) In addition to income withheld for the current support of a child, income shall be withheld from the disposable earnings of the obligor to be applied toward the liquidation of any child support arrearages, including accrued interest as provided in Chapter 157.

(b) The additional amount to be withheld for arrearages shall be an amount sufficient to discharge those arrearages in not more than two years or an additional 20 percent added to the amount of the current monthly support order, whichever amount will result in the arrearages being discharged in the least amount of time.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 21, eff. Sept. 1, 1999.

Sec. 158.004. WITHHOLDING FOR ARREARAGES WHEN NO CURRENT SUPPORT IS DUE. If current support is no longer owed, the court or the Title IV-D agency shall order that income be withheld for arrearages, including accrued interest as provided in Chapter 157, in an amount sufficient to discharge those arrearages in not more than two years.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 22, eff. Sept. 1, 1999.

Sec. 158.005. WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES. In rendering a cumulative judgment for arrearages, the court shall order that a reasonable amount of income be withheld from the disposable earnings of the obligor to be applied toward the satisfaction of the judgment.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. XXX.XXXX. ORDER FOR WITHHOLDING FOR COSTS AND FEES. (a) In addition to an order for income to be withheld for child support, including child support and child support arrearages, the court may render an order that income be withheld from the disposable earnings of the obligor to be applied towards the satisfaction of any ordered attorney's fees and costs resulting from an action to enforce child support under this title.

(b) An order rendered under this section is subordinate to an order or writ of withholding for child support under this chapter and is subject to the maximum amount allowed to be withheld under Section 158.009.

(c) The court shall order that amounts withheld for fees and costs under this section be remitted directly to the person entitled to the ordered attorney's fees or costs or be paid through a local registry for disbursement to that person.

Added by Acts 2001, 77th Leg., ch. 1023, Sec. 35, eff. Sept. 1, 2001.

Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a Title IV-D case, the court or the Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor and may not suspend, stay, or delay issuance of the order or of a judicial or administrative writ of withholding.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 36, eff. Sept. 1, 1997.

Sec. 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT OR TITLE IV-D AGENCY; UNREASONABLE HARDSHIP. If the court or the Title IV-D agency finds that the schedule for discharging arrearages would cause the obligor, the obligor's family, or children for whom support is due from the obligor to suffer unreasonable hardship, the court or agency may extend the payment period for a reasonable length of time.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 22, eff. Sept. 1, 1999.

Sec. 158.008. PRIORITY OF WITHHOLDING. An order or writ of withholding has priority over any garnishment, attachment, execution, or other assignment or order affecting disposable earnings.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An order or writ of withholding shall direct that any employer of the obligor withhold from the obligor's disposable earnings the amount specified up to a maximum amount of 50 percent of the obligor's disposable earnings.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 37, eff. Sept. 1, 1997.

Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN STATE. An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer without regard to whether the obligor resides or works outside this state.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 38, eff. Sept. 1, 1997.

Sec. 158.011. VOLUNTARY WITHHOLDING BY OBLIGOR. (a) An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the issuance and delivery to the obligor's employer of a writ of withholding. A notarized or acknowledged request may be filed under this section regardless of whether a writ or order has been served on any party or of the existence or amount of an arrearage.

(b) On receipt of a request under this section, the clerk shall issue and deliver a writ of withholding in the manner provided by this chapter.

(c) An employer that receives a writ of withholding issued under this section may request a hearing in the same manner and according to the same terms provided by Section 158.205.

(d) An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 158.309.

(e) An obligee may contest a writ of withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ has been issued, a hearing in the manner provided by Section 158.309.

(f) A writ of withholding under this section may not reduce the total amount of child support, including arrearages, owed by the obligor.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 55, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 39, eff. Sept. 1, 1997.


Customer: replied 2 years ago.
Thank you for the information. I am in Ector county Texas.
Expert:  Ray replied 2 years ago.
Your welome.I used to live in Midland and know the region well.

Customer: replied 2 years ago.
It seems like a small world now. I will give my bonus on Monday or Tuesday. Thank you for your patience.
Expert:  Ray replied 2 years ago.
You're welcome..

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