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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34996
Experience:  16 yrs. of experience including family law.
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My daughter is Texas National Guard and spent the last two

Customer Question

My daughter is Texas National Guard and spent the last two weeks on the coast working search and rescue. She pays child support on her oldest son and had gotten behind. THey are currently taking the payment and part of another out of her salary but when she got paid from her military deployment for the state, they took all her pay and didn't leave her anything to live on plus she has another son that lives with her. Is this legal? Her son she pays child support on is with his dad and step mom and they both have very good jobs. He has everything he needs and wants and my daughter does things for him without the child support. Her other son is having to do without along with her and I don't think it is fair. She is doing what she can to pay the child support and get caught up. They also take her taxes every year.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No. She just got back home and found this out. She nor I had any idea what she could do if anything. We didn't know if what they did was legal or not.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all.
Submitted: 1 month ago.
Category: Family Law
Expert:  P. Simmons replied 1 month ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 month ago.

I am sorry for this dilemma. But not sure I understand your specific question. Who is taking this money? The state of TX?

Customer: replied 1 month ago.
I'm assuming it is tree Texas Attorney General's Child Support Division.
Expert:  P. Simmons replied 1 month ago.

Thank you

Texas has the right to withhold money that is owed to the state of TX...so if she owe money to the state of TX, they can withhold that money. And if she was activated by TX for this issue, the money paid would be from the state of TX..so they can keep it all

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.