My ex took me to court in October to lower child support due to loss of income. The current orders have been in effect for three years and the new orders took effect December 1. In addition, the orders were entered into the Attorney Generals records on November 12 before his paycheck was garnished on the 15th. Currently my ex is past due and the Attorney Generals office says he is not since he paid at the higher rate on November 15 after the orders were entered. It was my understanding from the judge that my ex still had to pay the amount on the old orders until December 1. This is in the state of Texas.
Family Law Attorney
If the new order specifically states that it is effective as of Dec. 1, then it does, but if the order states the next payment is due on Dec.1 they may be effective as of date signed by the judge.
I suggest you consult a local attorney who handles issues of child support, with a copy of h orders to get clarification specific to your case.
This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.
Family Law Attorney
It truly depends on the wording of the court order. If the new child support amount is not supposed to go into effect until December 1 then the AG's office is wrong. However, if the new rate is effective immediately and the order was entered before the November 15 withholding, then the AG is correct and the father has overpaid. This overpayment will remain on his account and will be settled up in the future.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Texas. Responses are based solely on Texas law unless stated otherwise.
You must review the orders to determine when the actual effective date begins. When dealing with reductions the date is the date your were served with the request for the reduction. Then it will say when the amount of the next payment will occur. There will also be an amount of the judgement and a date for that. The Attorney General will examine all three dates to determine the amount of child support and how much should have been paid. If he is current on the amount of the date of the last withholding the despite the amount paid the Attorney General will not show him as behind. This can be confusing - take the orders to an attorney to have them reviewed.
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Family Law Attorney
Based on the details you've listed, I believe your understanding is correct and that the Nov. 15th garnishment of the old rate was appropriate and did not create an overpayment excess. Assuming that your child support order specifically stated that the new, lower amount becomes effective on Dec. 1 and the order was signed by the judge prior to Dec. 1, I would challenge the position taken by the AG's office. Present a signed copy of the order, and reference the language indicating the effective date. Urge them to correct their records accordingly.