Family Law Questions? Ask a Family Lawyer Online.
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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.
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.
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 odesk.com or elance.com 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.