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Jack R.
Jack R., Family Law Attorney
Category: Family Law
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Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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Texas; My girlfriend recently had the conditions of her child

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Texas; My girlfriend recently had the conditions of her child support finalized. The child is 5 years old and the father never had to pay child support and recieved weekend visitation without any court orders. The father paid the first month in cash because, the paper work was still in progress. The next month he told her that his employer couldn't withhold his earnings because he works on a self contractor basis as a tow truck driver. 100% of his income comes from this employer who is also his current girlfriends father. Is it true that his income can't be withheld? I doubt the court would have over-looked this.
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.

Witholding can only be obtained from an employer. Courts do not check to see what type of employment the boyfriend ask. The only order that the boyfriend provide his employer with an order to withold child support. If the boyfriend is truly an independent contractor then wages cannot be taken since he does not have an employer. Your girlfriend should ask that support be paid through the state. The prosecutor will prosecute for missed payments.


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