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If a divorce decree is issued in Texas but I now live in…

If a divorce decree...

If a divorce decree is issued in Texas but I now live in Louisiana which colllects payments. What state has jurisdiction

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TX family court?

Not since the divorce

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My Social Security income is being garnished in Louisiana where I now live. the divorce was in Texas. Texas law says a maximum of 25% can be taken from my income Louisiana law says 50% which state laws have jurisdiction

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Answered in 6 hours by:
3/16/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 77
Experience: Attorney
Verified

Generally, only one state can have jurisdiction at a time. If the original child support order from the divorce was in Texas then Texas will retain jurisdiction until it no longer has jurisdiction. If the mother and child still reside in Texas and no other order has been entered in another state than Texas still has jurisdiction. Texas can loose jurisdiction if none of the parties and children live in that state. Louisiana will give full faith and credit to the Texas order and should execute the garnishment according to the rules and laws of the state that has jurisdiction which would be Texas. So the Texas garnishment thresholds would apply.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction.

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Customer reply replied 1 month ago
Are you saying Louisiana does not have authority to collect as much as 50% if Texas law states a maximum of 25% can be garnished?

If the order was entered under Texas law then Texas law applies to the garnishment, so LA must execute the garnishment according to TX law, so LA should be limited to taking out up to the TX 25%. LA has to follow TX guidelines as the order is a TX order.

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 77
Experience: Attorney
Verified
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