If a company does not pay child support after being notified by the Texas OAG, can it be sued?

Asked almost 3 years ago - Plano, TX

My ex is a sole proprietor and is not paying in child support. Is it possible to have the OAG send a garnishment order to his company and then sue his company for failing to comply? Does it matter if he's making money at his new company?

Attorney answers (1)

  1. Michael David Wysocki

    Contributor Level 8

    Answered . Yes. There are two type of "notifications" the company may have recieved. One is a Judicial Writ of Withholding and the other is an Administrative Writ of Withholding. Regardless of the type, Chapter 158 of the Texas Family Code provides for civil remedies against an employer that fails to withhold income for child support as intstructed in an order or writ issued to them. The code allows the Court to fine the employer up to $200 per occurence, which could add up over time.

    It also matters if the employee is making money. The employer can only withhold up to 50% of the employee's disposable earnings. If the employee is not making any money, 50% of $0 is $0.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,574 answers this week

2,868 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,574 answers this week

2,868 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary