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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Child support was recently moved to Tx and slightly revised

Customer Question

Child support was recently moved to Tx and slightly revised (dollar amount). The review included my commission pay (base pay is small since I'm in sales) when the dollar amount was set. Since then, every month, my commission pay is delayed by almost two weeks while the State of Texas reviews and decides if they will take more money from my commission check each month. Is this normal? Being in Sales, the bulk of my income is in commissions and the delay is ridiculous.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard
So there is a court order with a defined amount of money stated in the Order from the court?
And it is ordered your pay will be garnished - and so your employer was delivered information on what amount to garnish and they are do that and sending it to the Child Support Enforcement?
Who is delaying your pay check?
Customer: replied 2 years ago.

Correct. Dollar amount was set to come out each pay period. The pay period that is just the base pay is never delayed. 1/2 of the monthly child support order is taken out. The second payment for the month is my commission pay and this is the check that is always delayed. Payroll division states they have to report my commission amount each month to the TX Department of Health and Human Services. They then check to see if there are any arrearages or if additional support is requested. She stated they have 10 calendar days to respond. This delays my pay even more because my employer will then send a paper check via US Mail and not direct deposit.

Expert:  Samuel II replied 2 years ago.
HelloYes, they can check for arrears and they can take up to 50% of that commission for any back payments, in addition to your monthly payment. I understand the frustration, and particularly when you have a family that is depending on your wages.It is not illegal or unusual what they are doing. Though, I suggest that you might consider talking to your elected representative to see about amending this portion of the law as it creates a huge burden not just on you and your family, but I am sure there are many in your shoes.HERE Is a link so you can locate your local representative. Ca;; and tell the Legislative Aid you need a meeting to discuss the laws on child support garnishment.